Agency Workers Regulations (AWR): Changes To The Rights Of Agency Workers
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On 1 October 2011 the Agency Workers Regulations (AWR) will come into force. The purpose of AWR is to provide Agency Workers with the same basic working and employment conditions as those in equivalent permanent positions recruited directly by the same employer. This could have a significant impact on employers who use Agency Workers, and this article provides a brief summary of key rights.
What is an Agency Worker? A person who finds work on the behalf of an agency, or has a contract for service or employment for an agency is described as an agency worker. This is also commonly described as 'temporary work' or 'temping'. Instead of being paid by the company they work for, the company will pay the workers' wages to the agency, who, in turn will then pay the employee, minus tax and NI. An agency worker is someone who is paid in this way.
Summary of Equal Rights The equal working conditions which are discussed in the article include: pay, working hours, overtime, breaks, rest periods, holidays and access to training and collective facilities. Any fees, bonuses, commissions, holiday pay, overtime or other payment in relation to you employment is regarded as 'pay' under the regulations and will be taken by the agency. However, sick pay, pension and annual loyalty bonuses will not be counted as 'pay', and will not be touched.
Temporary agency workers will not notice any change in their employment status with the introduction of the AWR.
Some of the rights of the agency workers will change on day one, and some will take longer in the employment to come into practice. From the first day of employment the agency worker should have the same canteen and childcare facilities, collection facilities and knowledge of other posts open in the organisation as any other worker. However, they will have to stay in the same employment, under the same employer, for 12 weeks to be eligible for the same rates of pay, and other work benefits. These twelve weeks are counted as calendar weeks and do not relate to how many hours are actually worked.
Employment agencies involved in the supply of temporary agency workers should ask the hiring firm for information about their policies and procedures on pay and basic working conditions. This is especially the case when it is clear that the agency worker will be in the same job with the same hirer for more than 12 weeks so that the agency can ensure that the workers are subject to the same basic contractual conditions as their permanent employee counterparts.
Potential Liability
Entitlements, such as access to collective facilities, should be provided to the agency worker on day one of the employment, and are not the responsibility of the employment agency.
Both the employment agency and the hirer can be found at fault if there is an issue with the information gathered in relation to the 12 week employment conditions, and the blame lies differently dependent on the issue.
If the information is not with the agency, and the agency did not take "reasonable steps" to get hold of it, then they will be the liable party.
However, the hirer can be liable if they are found to have treated the agency worker unfairly, or if they did not provide information or provided incorrect information about the working and employment conditions.
Any further information necessary on the matter or AWR can be gathered from Marsha Robinson.
Article Source: Articlelogy.com
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