Agency workers could be in line for pay rises from Monday when the European Union Temporary Agency Workers directive comes into effect.
Under the directive, agency workers will be entitled to equal terms and conditions with permanent staff from the first day of employment.
However, the directive allows social partners in a member state to negotiate a derogation or qualifying period before equal treatment would apply.
In the UK the qualifying period is 12 weeks.
However, talks this afternoon involving the Minister for Jobs Enterprise and Innovation Richard Bruton, unions and employers failed to reach agreement on a qualifying period.
In the absence of such agreement, the Department of Jobs Enterprise and Innovation says agency workers will be entitled to equal treatment from day one of employment.
This includes agency staff in existing contracts on lower terms.
Employers have consistently argued that equal treatment from day one would increase their cost base and be bad for business.
Negotiations have been continuing for over three months, but so far unions have refused to concede any qualifying period without concessions on better terms for Joint Labour Committees, and on collective bargaining rights.
It is understood that Minister Bruton believes that the Agency Worker Directive derogation is an important issue for creating and protecting jobs, and should be considered on its own merits rather than in conjunction with other industrial relations matters.
Sources stressed that the Minister was not in a position to impose a derogation, as it could only be negotiated by the social partners, who had been unable to reach agreement.
ICTU General Secretary David Begg said no persuasive case had been advanced to justify a derogation from the immediate equal treatment provision that gave rights and protections to vulnerable workers.
Employers' group IBEC said the failure to negotiate a derogation would mean jobs would be lost to Ireland as it would be less attractive for work requiring flexibility in employment numbers.
Director of Industrial Relations Brendan McGinty said as of now, it was impossible for employers to know their obligations as the Government had not yet published legislation to transpose the directive into Irish law.
