Protection of Employees (Temporary Agency Work) Act 2012

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Number 13 of 2012


PROTECTION OF EMPLOYEES (TEMPORARY AGENCY WORK) ACT 2012


ARRANGEMENT OF SECTIONS

PART 1

Preliminary and General

Section

1. Short title and commencement.

2. Interpretation.

3. Application of Act.

4. Publicly funded work placement schemes, etc.

5. Expenses.

PART 2

Agency Workers

6. Basic working and employment conditions of agency workers.

7. Anti-avoidance.

8. Certain collective agreements.

9. Restriction of certain enactments.

10. Statement of terms of employment of agency workers.

11. Access to employment by hirer.

12. Voidance of certain provisions.

13. Offence to charge fees to certain individuals.

14. Obligations of hirers to agency workers.

15. Duty of hirer to provide information to employment agency.

PART 3

Amendment of Enactments

16. Amendment of Employment Agency Act 1971.

17. Amendment of section 10 of Protection of Employment Act 1977.

18. Amendment of section 3 of Transnational Information and Consultation of Employees Act 1996.

19. Amendment of Employees (Provision of Information and Consultation) Act 2006.

20. Amendment of certain statutory instruments.

PART 4

Protection of Employees and Redress

21. Protection for persons who report breaches of Act.

22. False statements.

23. Prohibition on penalisation by employer.

24. Prohibition on penalisation by hirer.

25. Complaints in respect of certain contraventions of Act.

SCHEDULE 1

Directive 2008/104/EC of the European Parliament and of the Council of 19 November 2008 on Temporary Agency Work

SCHEDULE 2

Redress for certain contraventions of Act


Acts Referred to

Bankruptcy Act 1988

1988, No. 27

Civil Service Regulation Act 1956

1956, No. 46

Companies Act 1963

1963, No. 33

Companies Act 1990

1990, No. 33

Companies (Amendment) Act 1982

1982, No. 10

Corporation Tax Act 1976

1976, No. 7

Courts Act 1981

1981, No. 11

Employees (Provision of Information and Consultation) Act 2006

2006, No. 9

Employment Agency Act 1971

1971, No. 27

Employment Equality Act 1998

1998, No. 21

Interpretation Act 2005

2005, No. 23

Local Government Act 2001

2001, No. 37

National Minimum Wage Act 2000

2000, No. 5

Organisation of Working Time Act 1997

1997, No. 20

Protection of Employees (Employers’ Insolvency) Act 1984

1984, No. 21

Protection of Employees (Part-Time Work) Act 2001

2001, No. 45

Protection of Employment Act 1977

1977, No. 7

Redundancy Payments Act 1967

1967, No. 21

Safety, Health and Welfare at Work Act 2005

2005, No. 10

Terms of Employment (Information) Act 1994

1994, No. 5

Trade Union Act 1941

1941, No. 22

Transnational Information and Consultation of Employees Act 1996

1996, No. 20

Unfair Dismissals Acts 1977 to 2007

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Number 13 of 2012


PROTECTION OF EMPLOYEES (TEMPORARY AGENCY WORK) ACT 2012


AN ACT TO GIVE EFFECT TO DIRECTIVE 2008/104/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL OF 19 NOVEMBER 2008 1 ON TEMPORARY AGENCY WORK; FOR THAT PURPOSE TO AMEND CERTAIN ENACTMENTS; AND TO PROVIDE FOR MATTERS CONNECTED THEREWITH.

[16th May, 2012]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

1 O.J. No. L327 of 5.12.2008, p.9