Page 67 - Workplace Relations Guide to Employment Law

Employment Agencies conditions to which he or she would be
entitled if he or she were employed by the
The Employment Agency Act 1971 provides hirer under a contract of employment to do
that any person carrying on the business of an work that is the same as, or similar to, the
employment agency must obtain a licence to work that he or she is required to do during
do so from the Minister for Business, Enterprise that assignment.
and Innovation. An employment agency is
defined as a person (including a temporary The 2012 Act also provides that assignments
work agency) engaged in an economic activity forming part of the same series of
who employs an individual under a contract of assignments shall, for the purposes of the
employment by virtue of which the individual determination of the basic working and
may be assigned to work for, and under the employment conditions of an agency worker,
direction and supervision of, a person other be treated as a single assignment.
than the first-mentioned person.

Persons seeking employment through an Safety, Health and Welfare at
employment agency should ensure that they Work
deal only with licensed agencies. No fee may
be charged by an agency to a job seeker The existing principal piece of primary
solely for agreeing to seek employment for legislation dealing with occupational
them. Applications for employment agency health and safety is the Safety, Health and
licences are received and processed, on Welfare at Work Act 2005 which applies
behalf of the Minister for Business, Enterprise to all places of work, to all employers and
and Innovation, by the Workplace Relations employees and also to the self-employed.
Commission (see www.workplacerelations.ie). This Act places duties on employers and
employees concerning the provision of a
Furthermore, an employment agency cannot safe and healthy working environment.
charge a Non-EEA National employee for a Certain obligations are also placed on
Work Permit issued by the Department of those designing, importing, supplying or
Business, Enterprise and Innovation. manufacturing articles or substances for use
at work. The 2005 Act replaced the Safety,
An agency worker is an individual employed Health and Welfare at Work Act 1989 which
by an employment agency under a contract provided for the establishment of the Health
of employment by virtue of which the and Safety Authority and the assignation of
individual may be assigned to work for, and powers and functions to that Authority.
under the direction and supervision of, a
person other than an employment agency.
OTHER OCCUPATIONAL SAFETY AND
The Protection of Employees (Temporary HEALTH LEGISLATION
Agency Work) Act 2012 provides that an Occupational safety and health legislation
agency worker shall, for the duration of his/ is further expanded by the Safety, Health
her assignment to a hirer, be entitled to and Welfare at Work (General Application
the same basic working and employment
Regulations (2007 to 2012), these

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