Protection of Employees (Temporary Agency Work) Act 2012


Statement of terms of employment of agency workers.

10.— (1) The Act of 1994 is amended, in subsection (1) of section 1, by the substitution of the following definition for the definition of “contract of employment”:

“ ‘contract of employment’ means—

(a) a contract of service or apprenticeship, or

(b) any other contract whereby an individual agrees with another person, who is carrying on the business of an employment agency within the meaning of either the Employment Agency Act 1971 or the Protection of Employees (Temporary Agency Work) Act 2012 and is acting in the course of that business, to do or perform personally any work or service for a third person (whether or not the third person is a party to the contract),

whether the contract is express or implied and if express, whether it is oral or in writing;”.

(2) The Minister may, for the purposes of the Act of 1994, make regulations that make provision in relation to the giving of information by hirers to employment agencies for the purposes of enabling employment agencies to comply with that Act.

(3) Every regulation under this section shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation is passed by either such House within the next 21 days on which that House sits after the regulation is laid before it, the regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

(4) In this section “Act of 1994” means the Terms of Employment (Information) Act 1994.