Q.  I am working as a temp for the last three years and I am paid by an employment agency. I may soon become unemployed; am I entitled to a redundancy payment?

20.09.09

Whoever pays your wages will normally be considered to be your employer. Therefore, as the employment agency pays your wages you will not be entitled to a redundancy payment. While agency workers do not have exactly the same employment rights as other workers, they do have certain rights re Unfair Dismissal, Payment of Wages, Maternity Protection, Minimum Notice etc.

It is important for you to know who is responsible for ensuring compliance with the legislation – the agency or the firm for which you work. This depends on which rights you are seeking to enforce. Under the unfair dismissals legislation, for example, the employer is the business you work for rather than the agency. Compliance with health and safety requirements is also the responsibility of the business.
The National Employment Rights Authority provides information about workers’ rights and entitlements (employmentrights.ie) Lo-call:1890 808 090.
 

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