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Maternity rights and the associated Employer.

  • 05-11-2008 11:24am
    #1
    LegacyUser
    Registered Users, Registered Users 2 Posts: 166,026 ✭✭✭✭


    Hi

    I have a query re a agency contract employees we have. All employees are taken on as contractors via an agency with the aim to becomming permanent once headcount is made available to use by Head Office. My query is re maternity rights. Under the act linked below it states that .

    the permanent employee and the relevant fixed-term employee are employed by the same employer or associated employers and one of the conditions referred to in subsection (2) is satisfied in respect of those employees,

    PROTECTION OF EMPLOYEES (FIXED-TERM WORK) ACT 2003 Subsection A. http://www.irishstatutebook.ie/2003/en/act/pub/0029/sec0005.html#partii-sec5

    From reading that it would be my interpedation that the agency contract employees are given the same rights as a permanent employee as they perform the same tasks, their work is interchangable etc.

    The water is muddied more by the fact that we provide contract employees with a free lunch and Bonus as per the permanent employees. But we do not pay them for sick leave. The agency contract states that they abid by the relivant act per maternity rights but pay is not specified. Leaving it open.

    If we pay our permanent employees maternity leave do we have to pay the contractor as per the act above as to not to would be less favourable conditions. The contractor has been with us two years on 6 month rolling contracts. I assume as we would be the "associated employer" we should offer the same conditions as permanent employees of the same positions.

    Any advice... Nera etc have no clue as too this.


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