Agency workers rights

BforBarney

Hi all, just a couple of quick questions if someone can enlighten me I'd appreciate it.

I've been working with a company through an agency for almost a year now, I was promised full time direct work with the company after a 3 month trial(I didn't get this in writing) this never happened and I'm still under the agency, every time I meet with management they promise me a job soon but it's just the usual bs talk, basically they just want it so they can sack you in the morning with if they want, just wondering can anyone define "temporary agency worker" is there a time limit on how long a company can have a temporary agency worker before they either give you a job or let you go?

I was reading that I'm entitled to equal pay also, my co-workers who work direct for the company take home €500 a week after tax, my agency gets €17.50 an hour for me and I get 400 for a 39hr week, it's equal pay as far as what they're paying the agency but I'm not getting it.

Also work clothes, boots, safety gear, the company I work for insist it's the agencies job to pay for these. The factory was closed last year for storm ophelia and the snow storms, direct workers received pay for these days agency workers received nothing?

OMM 0000

I'm not an expert on this, but common sense tells me the following:

You work for an agency. They have sent you out to a client to do a job.

Your salary is between you and the agency. You are not entitled to the same salary as someone else working directly for the client, as you are both under different contract with different employers.

You are not entitled to a full-time contract from the employer.

My advice to you is to have a sit down with the employer and try to get something in writing (an e-mail will do) about a full-time contract with them. You can mention you were promised one after 3 months but it's been a year. Try to find out what's really going on, e.g. is there a freeze on hiring people, or are they just forgetting about it, or are they lazy, etc.

BforBarney

OMM 0000 wrote: »

I'm not an expert on this, but common sense tells me the following:

You work for an agency. They have sent you out to a client to do a job.

Your salary is between you and the agency. You are not entitled to the same salary as someone else working directly for the client, as you are both under different contract with different employers.

You are not entitled to a full-time contract from the employer.

My advice to you is to have a sit down with the employer and try to get something in writing (an e-mail will do) about a full-time contract with them. You can mention you were promised one after 3 months but it's been a year. Try to find out what's really going on, e.g. is there a freeze on hiring people, or are they just forgetting about it, or are they lazy, etc.

As far as pay, I reading this,
EU Directive on Temporary Agency Work

The EU Directive on Temporary Agency Work 2008/104/EC (pdf) came into effect on 5 December 2011. It provides that all temporary agency workers must have equal treatment with regular workers from their first day at work in respect of:

The duration of working time, rest periods, night work, annual leave and public holidays, Pay, Work done by pregnant women and nursing mothers, children and young peopleAction taken to combat discrimination on the grounds of sex, race or ethnic origin, religion or beliefs, disabilities, age or sexual orientation.

Temporary agency workers must also have equal access to facilities such as childcare and must be informed of permanent employment opportunities.

OMM 0000

Are you a temporary agency worker though? (I'm not saying you're not, I just want to be precise).

What is the definition of "temporary agency worker"?

BforBarney

OMM 0000 wrote: »

Are you a temporary agency worker though? (I'm not saying you're not, I just want to be precise).

What is the definition of "temporary agency worker"?

Fairly sure I am, I never signed a contract with the agency either.

OMM 0000

I think you're right.

The act "...seeks to guarantee those working through employment agencies equal pay and conditions with employees in the same business who do the same work".

That sounds exactly like you.

So you have no work contract at all?

This all sounds very shady.

Can you tell me a little more about your position -

Are you an important member of the team?
Are you busy?
Would it be hard to replace you?
Would you find it easy to get another job if you were let go?

Love2love

What type of work are you doing? The directive does not apply in certain circumstances.

The Protection of Employees (Temporary Agency Work) Act, 2012 does not apply to:

Managed service contracts. These are common in cleaning and catering and the worker works under the direction and supervision of their employer;
Placement services. This is where an agency will introduce a person to an employer for a directly employed position;
Independent contractors who are placed by an employment agency.

BforBarney

Love2love wrote: »

What type of work are you doing? The directive does not apply in certain circumstances.

The Protection of Employees (Temporary Agency Work) Act, 2012 does not apply to:

Managed service contracts. These are common in cleaning and catering and the worker works under the direction and supervision of their employer;
Placement services. This is where an agency will introduce a person to an employer for a directly employed position;
Independent contractors who are placed by an employment agency.

General operative, loading and unloading artics, preparing orders, dealing with sales men delivery companys, called a general operative but basically manageing the place.

Bellerstring

BforBarney wrote: »

Love2love wrote: »

What type of work are you doing? The directive does not apply in certain circumstances.

The Protection of Employees (Temporary Agency Work) Act, 2012 does not apply to:

Managed service contracts. These are common in cleaning and catering and the worker works under the direction and supervision of their employer;
Placement services. This is where an agency will introduce a person to an employer for a directly employed position;
Independent contractors who are placed by an employment agency.

General operative, loading and unloading artics, preparing orders, dealing with sales men delivery companys, called a general operative but basically manageing the place.

Are you with Kaizen Recruitment by any chance...?

Gael23

Usually agency workers have higher take home because there is no benefits which permanent staff typically get