The European deadline for national implementation of the
Temporary Agency Workers Directive is 5 December 2011. The
Agency Workers Directive is a relevant consideration both for
employment agencies and for businesses that engage agency workers.
The purpose of the Directive is to achieve equality between
temporary agency workers and direct employees in relation to basic
working and employment conditions. Once implemented in the Republic
of Ireland, it will have significant effects on the manner in which
agency workers can be relied upon as a source of labour for private
enterprise and in the public sector and in particular, the costs
associated with same.
The Directive provides for a degree of discretion on the part of
Member States in the manner in which certain aspects of the
Directive are transposed nationally. In particular, Article 5
(4) of the Directive permits a derogation from the principle
of equal treatment if an agreement can be reached between a
state's