20 November, 2011
The Irish union, Services, Industrial, Professional and Technical Union (SIPTU), is fighting attempts by the government of Ireland to dilute the provisions of the European Union Temporary Agency Workers’ Directive, which comes into force across Europe on 5 December.
The Directive, which was passed in 2008, states that “The basic working and employment conditions of temporary agency workers shall be, for the duration of their assignment at a user undertaking, at least those that would apply if they had been recruited directly by that undertaking to occupy the same job.”
The Directive applies from day one of an assignment, and further states that temporary agency workers have the right to be informed about permanent employment opportunities in the user enterprise and must have improved access to training and childcare facilities in periods between assignments, in order to enhance employability.
Under the Directive derogation from the principle of equal treatment is permitted provided an agreement can be reached between a state’s social partners. In an eleventh hour attempt, Irish Minister for Enterprise and Jobs Richard Bruton has called for a derogation which would mean that an agency worker would only be entitled to equal treatment after six months, rather than from the first day of employment.
In a letter to the Irish Congress of Trade Unions (ICTU), Bruton said, “Without the benefit of some leeway in transposing the directive in the shape of a framework agreement, Ireland will be in a position of significant competitive disadvantage, vis-a-vis our European trading partners,” adding, “In the current climate and with the significant challenges that face us on the road to economic recovery, we must avail of the flexibilities afforded by the directive.”
Patricia King
Patricia King, Vice President of SIPTU, has made clear that the union is opposed to any attempt by the government to seek a derogation. King said, “We do not see any reason for a derogation to be applied. Why would we? If someone is entitled to equality of treatment, they are entitled to it and there is no reasonable argument being put forward, that I can see, for us to agree to the derogation.”
“If somebody is employed to do a job, which commands a certain skill, background knowledge and experience, and they put themselves forward for that job and are capable of producing the goods, why would they not get the rate of pay on an equal basis as somebody who was doing the job already and who is going to work alongside them?”
Commenting on Bruton’s claims that implementing the Directive would have a negative impact on jobs and economic growth, King said, “All that is a code for not paying the rate and keeping people in low pay”.