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» Home » Employer Services » Employment law » During employment » Atypical working
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Atypical working

An increasing number of workers are now categorised as atypical. Atypical work includes employment in a part-time, fixed-term or agency worker capacity.
The Protection of Employees (Temporary Agency Work) Act 2012 provides temporary agency workers with the right to equal treatment in basic working and employment conditions. Agency workers are also protected by various other pieces of employment legislation.

The Protection of Employees (Fixed-Term Work) Act 2003 captures almost all types of atypical temporary workers, including fixed-term, specified purpose, seasonal workers, casual week to week/ day to day workers or 'floating' workers. Following the implementation of the Protection of Employees (Part-Time Work) Act 2001, part-time employees cannot be treated less favourably than a comparable full-time employee.

Long awaited decision in the “Uber” case

30/11/2016 - The Employment Tribunal in the United Kingdom recently made its long awaited decision in the landmark case taken by Uber drivers in which they claimed that they are workers of Ube

Case law shows that TAW legislation is a still evolving area of employment law and one to watch

28/11/2016 - This article contains a review of some of the cases taken under the Protection of Employees (Temporary Agency Work) Act 2012 in recent months. The core purpose of the Act is to ensure that all temporary agency workers receive equal treatment in basic working and employment conditions (as set out in the Act) as if they had been directly recruited by the hirer.

Employment rights of seasonal workers

28/10/2016 - It is important for employers to be mindful of the fact that even when an individual is hired for only a few weeks or months, they still have certain rights and entitlements.

Protection of Employees (Part-time Work) Act 2001 guideline

09/06/2016 - This guideline outlines provisions of the Protection of Employees (Part-time Work) Act 2001, which facilitates the development of part-time work and outlaws discrimination against part-time workers.

Temporary agency work guideline

09/06/2016 - The Protection of Employees (Temporary Agency Work) Act 2012 was signed into law on 16 May 2012.

Protection of Employees (Fixed-Term Work) Act 2003 - guideline

03/06/2016 - This guideline outlines provisions of the Protection of Employees (Fixed-Term Work) Act 2003.

Zero hours contracts, the Irish perspective

26/02/2015 - In the wake of a special study into zero hours and low hours contracts commissioned this month (February 2015) by Minister for Business and Employment Ged Nash TD, Ibec's Director of IR/HR Maeve McElwee has cautioned that we do not need any more regulation in this area.

Seasonal workers: lessons from case law

15/09/2014 - Certain industries are subject to seasonal fluctuations in business, in retail and hospitality for example, the summer months and December are often busier trading periods than other times of the year. Although an individual may be hired for only a short number of weeks or months, they still have certain rights and entitlements.

Protection of Employees (Temporary Agency Work) Act 2012 - Case Law

16/06/2014 - In the two years since its enactment, the number of claims heard by the Labour Court under the Protection of Employees (Temporary Agency Work) Act 2012 have been limited and have dealt solely with complaints regarding basic working and employment conditions. However, these cases provide valuable lessons regarding the Court’s interpretation of the Act and will be discussed in detail in this article.

Fixed-term contract claims before the Labour Court

20/08/2013 - The Protection of Employees (Fixed-Term Work) Act 2003 has two main objectives. These are to improve the quality of fixed-term work by ensuring the application of the principle of non-discrimination and to establish a framework to prevent abuses arising from the use of successive fixed-term employment contracts.

Protection of Employees (Fixed-Term Work) Act 2003 - frequently asked questions guideline

19/08/2013 - This guideline contains frequently asked questions on the Protection of Employees (Fixed-Term Work) Act 2003.

The Protection of Employee (Temporary Agency Work) Act 2012: Ibec Information note

20/05/2013 - IBEC has published a revised detailed information note in relation to the Protection of Employees (Temporary Agency Work) Act 2012. This note includes answers to the questions which have been most commonly asked since enactment of the Act on 16 May 2012.

ECJ extends fixed-term protections to permanent employees

07/03/2013 - ECJ extends fixed term protections to permanent employees.

Flexible work options guideline

14/02/2013 - This guideline outlines a number of the flexible working options available in some organisations.

Department of Jobs, Enterprise and Innovation guidance on TAW legislation

03/09/2012 - The Department of Jobs, Enterprise and Innovation guidance document on the Protection of Employees (Temporary Agency Work) Act 2012 was published on 31 August 2012. The guidance document is intended to assist agency workers, hirers of agency workers and employment agencies to understand better the provisions of the Act.

Protection of Employees (Fixed-Term Work) Act 2003 - summary

01/07/2007 - The following summary document details the main provisions of the Protection of Employees (Fixed-Term Work) Act 2003.

Part-time working voluntary code of practice

01/02/2006 - S.I. No. 8 of 2006 - Code of Practice on Access to Part-time Working 2006 seeks to promote the development of policies and procedures governing access to part-time working in accordance with the Protection of Employees (Part-Time Work) Act 2001.

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