(LRC Revised)

Number 13 of 2012

PROTECTION OF EMPLOYEES (TEMPORARY AGENCY WORK) ACT 2012

REVISED

Updated to 14 October 2020

Changes to legislation

as of 10 July 2026, this Act is up to date with all changes known to be in force.

This Revised Act is an administrative consolidation of the

Protection of Employees (Temporary Agency Work) Act 2012

. It is prepared by the Law Reform Commission in accordance with its function under

the

Law Reform Commission Act 1975

(3/1975) to keep the law under review and to undertake revision and consolidation

of statute law.

All Acts up to and including the

Regulated Professions (Health

and Social Care) (Amendment) Act 2020

(16/2020), enacted 14 October 2020, and all

statutory instruments up to and including the

Employment Affairs and Employment Law

(Transfer of Departmental Administration and Ministerial Functions) Order 2020

(S.I. No. 438 of 2020), made 13 October 2020, were considered in the preparation of

this

Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act,

the Law Reform Commission can assume no responsibility for and give no guarantees,

undertakings or warranties concerning the accuracy, completeness or up to date nature

of the information provided and does not accept any liability whatsoever arising from

any errors or omissions. Please notify any errors, omissions and comments by email

to revisedacts@lawreform.ie.

Number

13

of

2012

PROTECTION OF EMPLOYEES (TEMPORARY AGENCY WORK) ACT 2012

REVISED

Updated to 14 October

2020

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

Number

13

of

2012

PROTECTION OF EMPLOYEES (TEMPORARY AGENCY WORK) ACT 2012

REVISED

Updated to 14 October

2020

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.

[16

th May

, 2012]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS

Annotations

C1

Functions transferred

and references construed (14.10.2020) by

Employment Affairs and Employment Law

(Transfer of Departmental Administration and Ministerial Functions) Order 2020

(S.I. No. 438 of 2020), arts. 2, 3(1)(a), (2) and sch., in effect as per art. 1(2),

subject to transitional provisions in arts. 4-8.

2. (1) The administration

and business in connection with the exercise, performance or execution of any

functions transferred by Article 3 are transferred to the Department of Business,

Enterprise and Innovation.

(2) References to the

Department of Employment Affairs and Social Protection contained in any Act or any

instrument made under such Act and relating to any administration and business

transferred by paragraph (1) shall, on and after the commencement of this Order,

be construed as references to the Department of Business, Enterprise and

Innovation.

3. (1) The functions vested

in the Minister for Employment Affairs and Social Protection -

(a) by or under the Acts

specified in Part 1 of the Schedule and the provisions of the Acts specified in

Part 2 of the Schedule, and

...

are transferred to the

Minister for Business, Enterprise and Innovation.

...

(2) References to the

Minister for Employment Affairs and Social Protection contained in any Act or

instrument made under such Act and relating to any functions transferred by this

Article shall, on and after the commencement of this Order, be construed as

references to the Minister for Business, Enterprise and Innovation.

SCHEDULE 1

PART 1

ACTS OF THE OIREACHTAS

...

Protection of Employees

(Temporary Agency Work) Act 2012 (No. 13 of 2012)

...

Editorial Notes

E1

Act included in definitions of “employment enactment” and “relevant enactment” (1.08.2015) by

Workplace Relations Act 2015

(16/2015), s. 2 and sch. 1 part 1 item 17, S.I. No. 338 of 2015, with the following

effects

• Authorised officers or inspectors under employment enactments deemed to be appointed

under

Workplace Relations Act 2015

(16/2015), s. 26(2) and subject to termination under s. 26(4).

• Powers of inspectors for purposes of relevant enactments defined in

Workplace Relations Act 2015

(16/2015), s. 27.

• Workplace Relations Commission, an inspector or an adjudication officer authorised

to disclose employer’s registered number or employee’s PPSN to enable Labour Court to perform functions under relevant enactments by

Workplace Relations Act 2015

(16/2015) s. 31(5).

• Power of Workplace Relations Commission and official body to disclose information

to each other concerning the commission of offence under relevant enactment provided

by

Workplace Relations Act 2015

(16/2015), s. 32.

• Power of Workplace Relations Commission and contracting authority to disclose information

to each other concerning the commission of offence under employment enactment/ relevant

enactment provided by

Workplace Relations Act 2015

(16/2015), s. 33.

• Powers of Minister to prosecute under relevant enactments transferred to Workplace

Relations Commission and references construed by

Workplace Relations Act 2015

(16/2015), s. 37.

• Functions of EAT to hear claims under employment enactments transferred to Workplace

Relations Commission and references to EAT construed by

Workplace Relations Act 2015

(16/2015) s. 66(1), (2), not commenced as of date of revision.

E2

Previous affecting provision: functions transferred and “Minister

for” and “Department of Jobs, Enterprise and Innovation” construed

(1.09.2017) by

Labour Affairs and Labour Law (Transfer of Departmental

Administration and Ministerial Functions) Order 2017

(S.I. No. 361 of

2017), arts. 2, 3, 6-8, in effect as per art. 1(2), subject to transitional

provisions in arts. 4, 5; superseded as per C-note above.

Annotations

C1

Functions transferred

and references construed (14.10.2020) by

Employment Affairs and Employment Law

(Transfer of Departmental Administration and Ministerial Functions) Order 2020

(S.I. No. 438 of 2020), arts. 2, 3(1)(a), (2) and sch., in effect as per art. 1(2),

subject to transitional provisions in arts. 4-8.

2. (1) The administration

and business in connection with the exercise, performance or execution of any

functions transferred by Article 3 are transferred to the Department of Business,

Enterprise and Innovation.

(2) References to the

Department of Employment Affairs and Social Protection contained in any Act or any

instrument made under such Act and relating to any administration and business

transferred by paragraph (1) shall, on and after the commencement of this Order,

be construed as references to the Department of Business, Enterprise and

Innovation.

3. (1) The functions vested

in the Minister for Employment Affairs and Social Protection -

(a) by or under the Acts

specified in Part 1 of the Schedule and the provisions of the Acts specified in

Part 2 of the Schedule, and

...

are transferred to the

Minister for Business, Enterprise and Innovation.

...

(2) References to the

Minister for Employment Affairs and Social Protection contained in any Act or

instrument made under such Act and relating to any functions transferred by this

Article shall, on and after the commencement of this Order, be construed as

references to the Minister for Business, Enterprise and Innovation.

SCHEDULE 1

PART 1

ACTS OF THE OIREACHTAS

...

Protection of Employees

(Temporary Agency Work) Act 2012 (No. 13 of 2012)

...

Editorial Notes

E1

Act included in definitions of “employment enactment” and “relevant enactment” (1.08.2015) by

Workplace Relations Act 2015

(16/2015), s. 2 and sch. 1 part 1 item 17, S.I. No. 338 of 2015, with the following

effects

• Authorised officers or inspectors under employment enactments deemed to be appointed

under

Workplace Relations Act 2015

(16/2015), s. 26(2) and subject to termination under s. 26(4).

• Powers of inspectors for purposes of relevant enactments defined in

Workplace Relations Act 2015

(16/2015), s. 27.

• Workplace Relations Commission, an inspector or an adjudication officer authorised

to disclose employer’s registered number or employee’s PPSN to enable Labour Court to perform functions under relevant enactments by

Workplace Relations Act 2015

(16/2015) s. 31(5).

• Power of Workplace Relations Commission and official body to disclose information

to each other concerning the commission of offence under relevant enactment provided

by

Workplace Relations Act 2015

(16/2015), s. 32.

• Power of Workplace Relations Commission and contracting authority to disclose information

to each other concerning the commission of offence under employment enactment/ relevant

enactment provided by

Workplace Relations Act 2015

(16/2015), s. 33.

• Powers of Minister to prosecute under relevant enactments transferred to Workplace

Relations Commission and references construed by

Workplace Relations Act 2015

(16/2015), s. 37.

• Functions of EAT to hear claims under employment enactments transferred to Workplace

Relations Commission and references to EAT construed by

Workplace Relations Act 2015

(16/2015) s. 66(1), (2), not commenced as of date of revision.

E2

Previous affecting provision: functions transferred and “Minister

for” and “Department of Jobs, Enterprise and Innovation” construed

(1.09.2017) by

Labour Affairs and Labour Law (Transfer of Departmental

Administration and Ministerial Functions) Order 2017

(S.I. No. 361 of

2017), arts. 2, 3, 6-8, in effect as per art. 1(2), subject to transitional

provisions in arts. 4, 5; superseded as per C-note above.

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