Temporary Agency Workers (Amendment) Regulations, 2018

L.N. 272 of 2018

EMPLOYMENT AND INDUSTRIAL RELATIONS ACT

(CAP. 452)

Temporary Agency Workers (Amendment) Regulations, 2018

IN EXERCISE of the powers conferred by article 48 of the

Employment and Industrial Relations Act, the Minister for European

Affairs and Equality has made the following regulations

The title of these regulations is the Temporary Agency Title.

Workers (Amendment) Regulations, 2018 and they shall be read and

construed as one with the Temporary Agency Workers Regulations, S.L. 452.106

2010, hereinafter referred to as "the principal regulations".

Sub-regulation (1) of regulation 2 of the principal Amends

regulation 2 of

regulations shall be amended as follows

the principal

regulations.

(a) in the definition "assignment", the words "under its

supervision and direction" shall substituted by the words "at the

place of work of such undertaking;";

(b) in the definition "temporary agency worker", the

words "under its supervision and direction" substituted by the

word "at the place of work of such undertaking;";

(c) in the definition "temporary work agency", the words

"under their supervision and direction" shall be deleted;

(d) in the definition "user undertaking", the words "and

under the supervision and direction of whom" shall be deleted.

In paragraph (a) of sub-regulation (1) of regulation 3 of the Amends

principal regulations, the words "under their supervision and regulation

the principal

direction" shall be substituted by the word "at the place of work of regulations.

such undertaking:".

In regulation 4 of the principal regulations

Amends

regulation 4 of

the principal

(a) in sub-regulation (1) thereof, the words "Without

regulations.

prejudice to the provisions of regulation 5, the" shall substituted

by the word "The";

(b) in sub-regulation (3) thereof, between the words "by

his employer," and "that is,", there shall be inserted the words

"by virtue of the Act, any order or regulation issued thereunder

or by virtue of an applicable collective agreement,".

Regulation 5 of the principal regulations shall be

substituted by the following -

"5. (1) Insofar as it relates to pay, regulation 4 shall not

have effect for the first four weeks of an assignment, whatever its

duration.

(2) Notwithstanding what is stated in sub-regulation (1),

whenever a temporary agency worker is replaced during the

aforementioned four weeks, and during any time after those four

weeks, the temporary agency employee assigned as a

replacement will have equal treatment regarding pay from the

first day of the assignment

Provided that if the replacement takes place within a six

month period, such period shall be deemed to be a continuous

assignment.".

€0.18