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Agency worker rights after 3 years?

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  • 08-02-2009 4:35pm
    #1
    Mcfast
    Closed Accounts Posts: 88 ✭✭


    Hi guys, posted this as anon a few days ago but didnt come up prob because im on a shared compter so here we go again. ive worked as an agency worker for a company for 3 years. my question is what are your rights as i was led to believe after a certain amount of time you would have the same rights as permanent staff? one of the teams are being located outside of the ROI and agency workers are being let go with no compensation and only a weeks notice. permanent workers are getting new jobs or redunancy. i think my team will be next,i'd like to keep my job or have a new one but it doesn't seem fair that after 3 years all i might get is a weeks notice.does anybody know?thanks


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    #2
    gerrycollins
    Registered Users Posts: 1,799 ✭✭✭gerrycollins


    Mcfast wrote: »
    Hi guys, posted this as anon a few days ago but didnt come up prob because im on a shared compter so here we go again. ive worked as an agency worker for a company for 3 years. my question is what are your rights as i was led to believe after a certain amount of time you would have the same rights as permanent staff? one of the teams are being located outside of the ROI and agency workers are being let go with no compensation and only a weeks notice. permanent workers are getting new jobs or redunancy. i think my team will be next,i'd like to keep my job or have a new one but it doesn't seem fair that after 3 years all i might get is a weeks notice.does anybody know?thanks

    no you are employed by the agency and thats the end of it.

    Some places the unions have secured for the agency staff similar redundancy packages etc.


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    #3
    Mcfast
    Closed Accounts Posts: 88 ✭✭Mcfast


    thanks for that.it was the agency who told me that after 2 years there id have the same as permanent workers rights when i told them i was going to apply for a permanent position.the company im with refuse to deal with unions :( sounds like im in a lose lose situation


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    #4
    Godge
    Closed Accounts Posts: 21,727 ✭✭✭✭Godge


    There was supposed to be a European directive on agency worker rights but either it never happened or the Government never applied it.

    There was also supposed to be an agreement under Towards 2016 to do something about agency worker rights but I don't think that happened either.

    check the employment rights website but I wouldn't hold out much hope.


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    #5
    leeroybrown
    Closed Accounts Posts: 7,563 ✭✭✭leeroybrown


    Godge wrote: »
    There was supposed to be a European directive on agency worker rights but either it never happened or the Government never applied it.
    I think it was finally agreed in the middle of 2008 so I'd guess that there hasn't been time to implement it yet. Until very recently Ireland, the UK and a couple of other member states were actively campaigning to prevent it from passing. Naturally we jumped on the bandwagon of welcoming it when it finally went through.


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    #6
    Hitchhiker's Guide to...
    Registered Users Posts: 3,322 ✭✭✭Hitchhiker's Guide to...


    Mcfast wrote: »
    Hi guys, posted this as anon a few days ago but didnt come up prob because im on a shared compter so here we go again.

    sorry, that was my problem, forgot to approve it


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    #7
    Mcfast
    Closed Accounts Posts: 88 ✭✭Mcfast


    leeroybrown wrote: »
    I think it was finally agreed in the middle of 2008 so I'd guess that there hasn't been time to implement it yet. Until very recently Ireland, the UK and a couple of other member states were actively campaigning to prevent it from passing. Naturally we jumped on the bandwagon of welcoming it when it finally went through.

    so does that mean i do have rights? i cant find anything recent either way on websites.does anyone have a link?how long do i have to work there to have rights?

    no probs captain obvious i just figured it was cos im on a shared computer with about 8 or 9 other people


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    #8
    leeroybrown
    Closed Accounts Posts: 7,563 ✭✭✭leeroybrown


    Mcfast wrote: »
    so does that mean i do have rights?
    Sorry to get your hopes up, but I don't think so. They appear to have reached agreement on in but it would then have to be passed into law by the EU and then subsequently adopted in Ireland before it was binding in any way. The last step is a formality in many cases but getting it passed into EU law will probably take time. I should probably have been a little clearer in the original post.

    Edit: Just a quick note to say that I'm not a legal expert and am only posting based on my personal understanding of the situation.

    Edit 2: If you look at this article you'll see a comment from Turlough O'Sullivan (IBEC) where he indicates that it will be coming into force around the start of 2012 (3.5 years from the date it was agreed).


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    #9
    Mrs OBumble
    Registered Users Posts: 25,965 ✭✭✭✭Mrs OBumble


    leeroybrown wrote: »
    Sorry to get your hopes up, but I don't think so. They appear to have reached agreement on in but it would then have to be passed into law by the EU and then subsequently adopted in Ireland before it was binding in any way. The last step is a formality in many cases but getting it passed into EU law will probably take time. I should probably have been a little clearer in the original post.

    Edit: Just a quick note to say that I'm not a legal expert and am only posting based on my personal understanding of the situation.

    Edit 2: If you look at this article you'll see a comment from Turlough O'Sullivan (IBEC) where he indicates that it will be coming into force around the start of 2012 (3.5 years from the date it was agreed).

    Even then, it's not clear to me if you'll have the same rights as the permanent employees of you the company you are working on-site at, or the permanent employees of the agency (who are your employer).


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