Your SlideShare is downloading. ×
Awd ireland presentation jan 2012
Awd ireland presentation jan 2012
Awd ireland presentation jan 2012
Awd ireland presentation jan 2012
Awd ireland presentation jan 2012
Awd ireland presentation jan 2012
Awd ireland presentation jan 2012
Awd ireland presentation jan 2012
Awd ireland presentation jan 2012
Awd ireland presentation jan 2012
Awd ireland presentation jan 2012
Awd ireland presentation jan 2012
Awd ireland presentation jan 2012
Awd ireland presentation jan 2012
Awd ireland presentation jan 2012
Awd ireland presentation jan 2012
Awd ireland presentation jan 2012
Awd ireland presentation jan 2012
Awd ireland presentation jan 2012
Awd ireland presentation jan 2012
Upcoming SlideShare
Loading in...5
×

Thanks for flagging this SlideShare!

Oops! An error has occurred.

×
Saving this for later? Get the SlideShare app to save on your phone or tablet. Read anywhere, anytime – even offline.
Text the download link to your phone
Standard text messaging rates apply

Awd ireland presentation jan 2012

1,526

Published on

For anyone who missed our webinar last Friday, here is the slideshow.

For anyone who missed our webinar last Friday, here is the slideshow.

Published in: Career, Business
0 Comments
0 Likes
Statistics
Notes
  • Be the first to comment

  • Be the first to like this

No Downloads
Views
Total Views
1,526
On Slideshare
0
From Embeds
0
Number of Embeds
1
Actions
Shares
0
Downloads
1
Comments
0
Likes
0
Embeds 0
No embeds

Report content
Flagged as inappropriate Flag as inappropriate
Flag as inappropriate

Select your reason for flagging this presentation as inappropriate.

Cancel
No notes for slide

Transcript

  • 1. Protection of Employees (Temporary Agency Work) Bill 2011 Andy Smith Head of Regulation and Employment, Adecco Group UK & Ireland [email_address] Please note: This briefing does not constitute legal or other professional advice. Appropriate legal advice should be sought for specific circumstances and before action is taken.
  • 2. Agenda:
    • Background – why the law is changing
    • Key provisions of the Bill
    • What happens next
  • 3. Background:
    • Third ‘Atypical Work’ Directive
    • EU Directive passed December 2008
    • Should be transposed 5 December 2011
    • Remove restrictions, principle of equal treatment
    • Social partner negotiations broke down 30 November 2011
    • Bill published 16 December 2011
    • May change
    • Retrospective effect - ?
  • 4. Overview:
    • Equal treatment for agency workers –
      • Basic terms and conditions
      • Access to facilities
      • Information about vacancies
    • Provisions about liability, redress
    • Exemptions, ‘derogations’
  • 5. Scope:
    • Employment agency: ‘…a person…engaged in an economic activity who employs an individual under a contract of employment by virtue of which the individual may be assigned to work for, and under the direction and supervision of, a person other than the first named person…’
    • Agency worker: ‘…an individual employed by an employment agency under a contract of employment by virtue of which the individual may be assigned to work for and under the supervision and direction of, a person other than the employment agency…’
    • Contract of employment:
      • Contract of service, or
      • Other contract under which individual agrees to do work for another person
  • 6. Retrospective effect?
    • Act ‘deemed’ to have come into operation on
    • Does Directive have ‘direct effect’?
    • December 2011
    • Unconstitutional?
    • IBEC’s position
  • 7. ‘ Equal treatment’ terms and conditions:
    • Relevant basic terms and conditions to be the same as those of:
      • a ‘comparable employee’ employed by the hirer, or
      • where there is no comparable employee, the terms that would apply if there was one
  • 8. Who is a ‘comparable employee’?
    • An employee of the hirer;
    • Same location, or, if mobile, managed from same location;
    • Same work under same or similar conditions, or they are ‘interchangeable’;
    • Work same or similar in nature, any differences must be of minor significance or so irregular so as not be significant, and;
    • Work is equal in value or of greater value than the work done by the direct recruit
  • 9. Issues with ‘comparators’:
    • Who chooses the ‘comparator’?
    • What if client would not hire direct?
    • What if comparator has five years’ service?
    • What about different but no less favourable terms?
  • 10. Relevant working and employment conditions:
    • Basic pay (not sick pay, pensions, profit share)
    • Working time
    • Rest periods
    • Rest breaks
    • Night work
    • Annual leave
    • Public holidays
  • 11. Definition of ‘pay’:
    • Basic pay
    • Shift work rates
    • Piece work
    • Overtime
    • Unsocial hours working
    • Sunday working
    • BUT only terms that are ‘…payable in accordance with any enactment, collective agreement, or other arrangement that is generally applicable in respect of employees or any class of employees of the hirer’
  • 12. Exclusions:
    • Collective agreement approved by the Labour Court
    • Agency workers with permanent employment contracts and ‘between assignments’ pay
  • 13. Access to direct employment:
    • When informing a comparable employee of a vacancy, hirer must inform agency worker so agency worker can apply
  • 14. Access to facilities:
    • Hirer must provide no less favourable access to:
    • Canteen or similar
    • Child care facilities
    • Transport services
    • Unequal access may be justified on objective
    • grounds
  • 15. Hirer’s responsibilities:
    • Access to facilities / information about vacancies
    • Will have a duty to provide the agency with the necessary information on terms and conditions (not retrospective)
    • Minister may make regulations to specify what / when
    • Hirer indemnifies agency against failure
  • 16. Redress and liability:
    • Complaint to rights commissioner
    • May order employer to take specified action
    • May order payment of ‘just and equitable’ compensation, not exceeding 2 years’ remuneration
  • 17. Points being made to Government:
    • Challenge intended retrospective effect
    • Issues with choice of ‘comparable employee’
    • Proper comparison needs to be clear
    • Clarify what happens when there is no direct hire
    • Express exclusions from the definition of ‘pay’
    • Clarify ‘permanent employment’ exclusion
  • 18. Assessing the impact:
    • Identify and categorise agency workers
    • Are there / would there be comparable direct recruits?
    • Identify any established terms and conditions that set pay for direct recruits
    • Is there a ‘gap’?
    • If accrual - ‘without prejudice’
  • 19. Questions? Please note: This briefing does not constitute legal or other professional advice. Appropriate legal advice should be sought for specific circumstances and before action is taken.
  • 20. Andy Smith Head of Regulation and Employment, Adecco Group UK & Ireland [email_address]

×