State resists EU rights plan for casual workers

The Government has opposed European Union plans to increase rights for temporary workers hired out by recruitment agencies, including…

The Government has opposed European Union plans to increase rights for temporary workers hired out by recruitment agencies, including thousands of foreigners in Ireland on work permits.

Under a proposed directive from the EU Social Affairs Commissioner, Ms Anna Diamantopoulou, agency workers would enjoy employment rights equal to permanent staff after six weeks.

"The basic working and employment conditions applicable to temporary workers should be at least those which would apply to such workers if they were recruited by the user undertaking to occupy the same job," the directive states.

However, the Department of Enterprise, Trade and Employment has sought a longer period, arguing that employers may be discouraged from hiring temporary workers from agencies if they must offer full job rights after six weeks.

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"We think that that is a bit tight because an employer would need more than six weeks to judge a person's value," a departmental source told The Irish Times.

The Minister of State for Labour Affairs, Mr Frank Fahey, expressed the Government's doubt during a recent Brussels meeting, although he made it clear the Government is prepared to consider amendments.

The issue was discussed last week by the Oireachtas Committee on European Affairs and will now be examined further by the Oireachtas Committee on Enterprise and Small Business.

Since 2001, part-time workers in Ireland enjoy equal rights to full-time staff.

However, the Commission has had to make a distinction between temporary staff hired directly by firms and those hired from agencies.

"The latter are not direct employees of the company concerned, but nor are they employed by the agencies," said Ms Joan Carmichael, assistant general secretary of the Irish Congress of Trade Unions.

A 1999 survey found that there were 99,000 temporary workers of all kinds in the Republic, although the number has grown substantially. Last year, 40,000 foreigners received permits to work here.

"Many of them would have been brought in by agencies for hire onwards. And many of them would be amongst the most vulnerable workers now in the Irish labour market," said Ms Carmichael.

"There were 400 recruitment agencies here in 1999. Today that number has gone up to 600. Most of them would not be registered, which is another matter entirely," she told The Irish Times.

Following further negotiation, the directive is expected to be adopted in the autumn by EU employment ministers, although it is unlikely to be implemented in member-states before late 2005.

The Department of Enterprise, Trade and Employment fears the directive, as drafted, could make it more difficult to hire staff to fill-in for maternity leave and other absences by full-time staff.

In a brief for the Oireachtas European Affairs Committee, the Department said the proposal had "major significance" for Irish employment agencies and could hinder older women from returning to work.

"Temporary work of this kind suits some people, where they can do three hours a day, or whatever. There is a balance to be struck between the employer's need for flexibility and the employee's need for security," said a source.

The EU plan would strengthen regulations to allow temporary workers to compete for permanent, full-time jobs. In addition, recruitment agencies would be banned from charging temporary workers any fees if they subsequently got full-time work from the agencies' clients.

Mark Hennessy

Mark Hennessy

Mark Hennessy is Ireland and Britain Editor with The Irish Times