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agency workers directive and outsourcing

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  • 07-09-2011 3:51pm
    #1
    crodeghin
    Registered Users Posts: 56 ✭✭


    Hi

    let me explain a situation:

    Tony is a worker for a temporary agency A. He worked on temporary contracts, a each one a few months long but always renewed, for several years. For all this time he worked in a customer company B, where he did the same job as the permanent people in company B, but was, of course, less paid and received no benefits (pensions etc)...

    As you know, from 5th of December 2011, the agency worker directive will be active in EU.

    Now, Tony is transferred to company C that is outsourcing the same job. Tony is now "permanent", with same pay as before and doing the same job. So Tony is no longer an agency worker. However but he continues to do the same job as permanent people employed by company B, while being paid less.

    Do you think that Tony has any chance of claiming the same pay as the employees of company B?


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    #2
    Nody
    Moderators, Category Moderators, Arts Moderators, Business & Finance Moderators, Entertainment Moderators, Society & Culture Moderators Posts: 18,315 CMod ✭✭✭✭Nody


    Nope because company B will (if that would be applicable) create two positions, Position A in company B and position B which is filled by company C only with a different name and worse benefits.


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    #3
    crodeghin
    Registered Users Posts: 56 ✭✭crodeghin


    the role is the same in company B and C. Phisically doing the same. Od course with less experience as company B is not hiring in that position since they started to use agency worker from A company.


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    #4
    Mrs OBumble
    Registered Users Posts: 25,966 ✭✭✭✭Mrs OBumble


    Legal position ... don't know, we cannot tell you here.

    But my guess: not a hope.

    Company A knew that the writing was on the wall, so they set up (or got someone to set up) the Company C scenario now.

    IMHO, Tony should be looking for better conditions elsewhere, it's unlikely he 'll get better ones where he is.

    FWIW, I'm currently an agency worker, with the same company I worked for a few years ago. Inbetween times, the conditions offered by the agency have improved: same a/l as the client-company permies, and some paid sick leave. This is quite a major change.


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    #5
    Nody
    Moderators, Category Moderators, Arts Moderators, Business & Finance Moderators, Entertainment Moderators, Society & Culture Moderators Posts: 18,315 CMod ✭✭✭✭Nody


    crodeghin wrote: »
    the role is the same in company B and C. Phisically doing the same. Od course with less experience as company B is not hiring in that position since they started to use agency worker from A company.
    That is easily fixed though which is my point; all it takes is to add some additional fluff of responsibility and voila, two different positions that warrant different types of benefits.


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