HR chiefs hear of permanent changes to temporary work laws

TEMPORARY public sector workers, including 2,000 people in the health service, will soon be automatically entitled to the same pay, overtime, holidays and equal access to on-site facilities as permanent staff.

The default position for the EU-driven Temporary Agency Workers Directive comes into force for the public sector from December 5, with the private sector to follow suit at an, as yet, unspecified delay, Jennifer Cashman, a partner with Ronan Daly Jermyn Solicitors, told attendees at the annual CIPD Southern Region Breakfast Briefing sponsored by RecruitIreland.com in Maryborough House Hotel, Cork.

Entitlements for private sector temporary workers will follow with the minimum delay, following negotiations between the Government, the main unions and social partners. Enterprise Minister Richard Bruton has already indicated a preference for temporary workers’ rights to kick in only after six months in the job, versus the 12-week status upgrade currently operating in Britain.

Jennifer Cashman said: “The UK has introduced a provision which incorporates an anti-avoidance provision which watches out for companies trying to let people go after 12 weeks, then rehiring them again. We can expect similar provisions here.

“For now, companies should conduct a full review of their policies and procedures, such as their current qualifying periods for occupational benefits. Employers should examine their internal practices, heighten the awareness of those managers who sign off on the work of temporary workers.

“Information on pay rates will have to be made available, which may be difficult for companies which do not have formal pay scales.

Britain has decided that equal treatment only applies to roles which have been set out on standard contracts, those which have a pay scale or pay structure, and roles which have a relevant collective agreement or company handbook.

The laws are not being applied where there are genuinely no basic working and employment conditions. Employers there are not being asked to serve up a ‘comparator’ in its existing staff against which to judge the rights of the agency worker.

For the purpose of this new law, Britain has defined pay as including basic pay, overtime, and unsocial hours or risk allowances, payment for annual leave, any performance-related bonuses or commissions, plus any vouchers for lunch or childcare, etc.

The British definition of pay excludes sick pay, pensions, parental leave, redundancy, expenses, most BIK, any payments requiring an eligibility period and any bonuses which are linked to company performance rather than individual.

Ms Cashman said one inclusion that may appeal is the ‘Swedish derogation’ — an exemption from equal treatment for workers whose agency offers a permanent contract, hiring them out while continuing to pay them between consecutive assignments.