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Agency Staff and Rights

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  • 26-11-2010 4:59pm
    #1
    maltam
    Closed Accounts Posts: 6 ✭


    Evening,

    I'm looking for some help, myself and 12 of my colleagues work as agency staff for the HSE , we were told yesterday that they are closing down the center we work in and relocating it in Ballyshannon in Feb 2011.

    We don't know what rights we have as agency staff , the HSE say we dont work for them but its them who provide us with our rosters and we submit our time-sheets to them. All the agency does is process our payroll. 9 out of the 12 have been here for the last three years.

    It was the HSE that told us about the move but they haven't told us whats going to happen. We dont know if we are going to be offered a job in ballyshannon.

    My concerns are:

    Are we entitled to redundancy if offered to move but cant due to family reasons.

    Rumors say after three years we should be made permit

    If anyone knows about the rights of agency staff working for the public service i would be grateful for some help or could point me in the right direction of a solicitor with knowledge of agency law

    Regards
    Maltam
    Tagged:


Comments

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    #2
    whatnext
    Registered Users Posts: 915 ✭✭✭whatnext


    Firstly you are not employed by the HSE, so none of that Public Sector BS applies to you. You are either employed by
    a/ the agency
    b/ your own ltd company
    c/ self employed (which is now unlikely through an agency, but i still see it from time to time)
    d/ an umbrella company.

    Are you contracted by the agency on a PAYE basis?
    if so:
    http://www.deti.ie/employment/redundancy/faq.htm
    FAQ 24
    24.Where a person works for an agency, and the agency in turn is under contract to a company, who exactly is deemed to be the employer?
    As a general rule, whoever pays the wages is deemed to be the employer. So if the agency pays the wages, then it is deemed responsible for making the statutory redundancy payment.

    If option b, c, or d above apply I don't believe you are entitled to redundancy.


  • Options
    #3
    gerrycollins
    Registered Users Posts: 1,799 ✭✭✭gerrycollins


    you work for an agency from what I can gather so you are still employed by someone even though your place of work is moving.

    as for the permancy after your third year that only applies to people you are directly contracted on a repeat basis and does not apply to you in this situation


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