Calleary, Dara

Wednesday, 10 November 2010

Seanad Éireann Debate
Vol. 205 Nbr. 10


EU Directive on Temporary Agency Work: Statements

I thank the Members of the House for the invitation to address them on the EU directive on temporary agency work. This coincides with the recent initiation by my Department of a public consultatio...More Button

It is important, in the first place, to recognise the legitimate and valuable role that agency working plays in the economy. On the one hand, it can assist employers to respond to shifts in demand...More Button

When launching the proposal for a directive in 2002, the European Commission presented the stated objective of the directive as being twofold: first, to improve the quality of temporary agency work...More Button

Temporary agency work is a unique, triangular form of employment, involving a temporary employment relationship subsisting between a temporary work agency — the employer — and a worker,...More Button

Before delving into some of the core elements of the temporary agency work directive, I wish to avail of this opportunity to stress that, contrary to perception, agency workers are afforded protect...More Button

Article 5.1 of the directive sets out the core principle of equal treatment that should apply to agency workers during their period of temporary assignment to work at a user undertaking. It provid...More Button

In the context of the consultation, I am seeking the views of interested parties, in particular, on issues concerned with defining, for purposes of inclusion in implementing legislation, the consti...More Button

Key elements of the debate in this regard concern the extent to which there are elements of remuneration such as incentives and rewards which reflect the specific and different quality of the relat...More Button

The role that collective agreements or other workplace agreements or pay norms can play in the implementation of equal treatment rights for temporary agency workers is also a core issue. This may ...More Button

Aside from establishing a general principle of non-discrimination between temporary agency workers and comparable employees directly recruited to an end-user undertaking in respect of basic pay and...More Button

The directive also provides that individuals may seek remedial action for an infringement of their employment rights through an appropriate dispute settlement body. The consultation invites views ...More Button

The directive provides for a number of derogations from the principle of equal treatment under certain conditions. Article 5.4, for example, affords the social partners at national level the oppor...More Button

The ability to conclude a framework agreement has implications for Ireland’s labour market competitiveness. In the United Kingdom, for instance, Ireland’s closest market, agreement has...More Button

As is the norm in the enactment of primary legislation, my Department will, following the completion of the consultation process, undertake an impact analysis of the provisions to be included in im...More Button

The House will be familiar with the possibility for member states, within the principles set out in the directive, to adapt the rules and definitions as laid out in it to their own specific circums...More Button

That is certainly tenuous. More Button

I thank Senator Leyden and all other Senators for their contributions. This marks the start of a consultation process, into which the input of Senators will feed its way. We have placed advertise...More Button

There are a number of issues I wish to clarify. There were a number of comments about the qualifying period which obviously will be in the consultation process. However, there are questions to be...More Button

Absolutely. There are many associated issues, of which that is one.More Button

The reference to occupational pensions is important. As Senator Bradford stated, there is a wider debate to be held on pensions and pension provisions for temporary agency workers, especially tho...More Button

Senator Bradford was concerned about the position of the social partners. It is indicated in Article 5.4 of the directive that the deal can only be concluded by the social partners at national lev...More Button

Yes, the malaise is spreading. More Button

I again thank Members for their contributions and everybody involved. This is an issue to which we will come back and which will be referred back to Senator Ryan’s committee before we implem...More Button

Sitting suspended at 4.45 p.m and resumed at 5 p.m.More Button