The Protection of Employees (Temporary Agency Work) Act, 2012 defines an "agency worker" as "an individual employed by an employment agency under a contract of employment by virtue of which the individual may be assigned to work for, and under the direction and supervision of, a person other than the employment agency".
The Act provides that all temporary agency workers must have equal treatment with workers hired directly by the hirer in respect of:
- Working time,
- Rest periods,
- Rest periods during the working day,
- Night work,
- Annual leave, or
- Public holidays.
Temporary agency workers must also have equal access, with the hirer's own workers, to facilities such as childcare, canteen or similar amenities, or transport services.
Where a vacant position of employment arises with the hirer of an agency worker, the hirer must, when informing his/her own employees, inform any agency worker who is for the time being assigned to work for him/her, of the vacancy for the purpose of allowing the agency worker to apply for that position.
An employment agency cannot charge an individual a fee in respect of making any arrangement for that individual's employment.
A copy of the Act may be viewed or downloaded here - Protection of Employees (Temporary Agency Work) Act 2012.