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Agency workers set to receive better pay

New rules for agency workers
New rules for agency workers

Agency workers are set to receive better pay and conditions from Monday, when a new European directive comes into force.

From next week all temporary agency workers assigned to a "hirer" are entitled to equal treatment in terms of basic working and employment conditions.

In a letter to employers, Minister for Jobs, Enterprise and Innovation Richard Bruton confirmed that such workers must now be treated the same as if they had been directly recruited for the same job.

The Government hopes to bring the legislation transposing the EU directive into Irish law before the Dáil before Christmas and to implement it as soon as possible.

Minister Bruton told employers it will define pay as including basic pay, shift premium, piece rates, overtime premium, unsocial hours premium, and Sunday premium where a Sunday is worked and a premium is normally paid to a directly recruited employee.

Elements of remuneration that will not be included in the definition of pay for the purposes of equal treatment include occupational pension schemes, financial participation schemes, sick pay schemes, benefit-in-kind and bonus payments.

Agency workers will also be entitled to equal treatment in respect of working time, rest periods, rest breaks, night work, annual leave and public holidays.

In addition to this they will have rights in relation to the collective facilities and amenities of a hirer, including canteen, childcare and transport facilities.

Under the new provisions, agency workers must also be informed about vacant posts, with the new provisions applying to all temporary agency workers.

IBEC Director of Industrial Relations Brendan McGinty said the proposal would impose additional costs on employers and trigger job losses.

He also said the changes would create unclear liabilities as the legislation transposing the directive into Irish law has not yet been finalised.

INMO to lodge pay claim for agency nurses

The Irish Nurses and Midwives Organisation has said it will lodge pay claims for agency nurses next week to ensure they secure equal treatment as provided for in the EU directive.

Yesterday employer and union representatives failed to negotiate a derogation or qualifying period for entitlement to equal treatment. As a result agency staff will be entitled to equal treatment from day one.

Earlier this year, the HSE forced down pay for agency staff, including nurses, by renegotiating procurement contracts with employment agencies.

INMO General Secretary Liam Doran said they want agency nurses to get the same incremental credit scale as directly employed nurses.

It has been estimated that the directive will increase the staffing costs of the Health Service Executive by €33m a year.

Frank Collins of the National Recruitment Federation said the directive would have serious implications for employment agencies.