Hopefully our recent What is AWR? blog, posted earlier this week, has highlighted that the Agency Workers Directive is to be implemented across England, Scotland & Wales as of the 1st October 2011. So, what are some of the key AWR Facts that employers’ of temporary staff or candidates working in interim assignments need to be aware of?
Who’s affected? The Directive will impact on Agency Workers, these are: a) individuals who are supplied by a temporary work agency to work on a temporary basis for, and under the supervision and direction of, the hiring client; and b) who have a contract of employment with the temporary work agency or any other contract to perform work and services personally for the temporary work agency. Note: an individual can be deemed an Agency Worker, even if they work through an intermediary, eg: an umbrella company.
What’s “equal treatment”? An agency worker is entitled to the same relevant terms and conditions as if they had been directly recruited by the client. Relevant terms and conditions relate to pay, duration of working time, night work, rest periods, rest breaks and annual leave. Note: not all areas of pay are included under equal treatment.
What’s the “qualifying period”? This refers to the 12 week period that must be worked by the agency worker in the same job for the same hirer to qualify for the right to equal treatment. Note: there are some rights applicable from Day One of temporary employment.
There’s more to come, so don’t miss our next blog to keep up to date! In the meantime, if you are looking for your next role, take advantage of our FREE job search tools or if you are currently recruiting for your team, take a look at our FREE recruiter tools.
We hope you find our tips and advice useful!
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