Page 65 - Workplace Relations Guide to Employment Law

4 Employment Agency Act 1971; to the terms and conditions of
4 Safety Health and Welfare at Work employment of pregnant women
Act 1989; or women who have recently given
4 Maternity Protection Act 1994; birth, of children and of young
people; and
4 Protection of Young Persons
(Employment) Act 1996; 4 equality of treatment between men
4 Organisation of Working Time Act and women and other provisions on
non-discrimination.
1997;
4 Employment Equality Acts 2011 and
2015 The activities to which the universally
4 National Minimum Wage Acts 2000 applicable collective agreements, that
the Directive requires a Member State
and 2015. to ensure are applied to workers posted
to its territory, relate include excavation,
The collective agreements that regulate the earthmoving, actual building work, assembly
rights that are required to be guaranteed and dismantling of prefabricated elements,
to posted workers involved in construction fitting out or installation, alterations,
or other related activity and that apply to renovation, repairs, dismantling, demolition,
such a worker posted to Ireland include any maintenance, upkeep, painting and cleaning
Registered Employment Agreements that work, improvements.
may be in force in the Construction sector.

The following are the matters in respect Domestic Workers
of which a Member State is required (by
Article 3.1 of the Directive) to ensure that
a posted worker is guaranteed the terms Domestic workers enjoy the same protection
and conditions of employment guaranteed under Irish employment legislation as all
to employees in that Member State (by law, other legally employed workers. Typical tasks
collective agreement etc.): carried out by domestic workers include
Cleaning, Cooking, Laundry, Child-minding,
4 maximum work periods and Caring for Elderly or Sick Family Members,
minimum rest periods; Gardening & Maintenance, Driving and any
Other Duties relating to a household.
4 minimum paid annual holidays;
The question as to whether a person is an
4 minimum rates of pay, including
overtime rates; employee or not is generally established
by reference to the provisions of existing
4 conditions of hiring-out of workers, in employment legislation and established
particular by temporary employment contract law. The use of designations such as
undertakings; Au Pair or other descriptions of arrangements
between consenting parties do not in
4 health, safety and hygiene at work;
themselves mean an employment contract
4 protective measures with regard does not exist. A person performing a duty for

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