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Draft guidance on Regulations extending employment protection to Agency Workers

17 January 2012 |

The government has published draft guidance on the Agency Workers Regulations 2010 which come into effect on 1 October 2011. The Agency Workers Regulations implement the EU Temporary Agency Workers Directive 2008/104.  From 1 October  temporary agency workers with a minimum of 12 weeks’ in the job will have the right to equal treatment with permanent workers in respect of basic working conditions.

The Regulations apply to:

  • individuals who work as temporary agency workers;
  • individuals or companies involved in the supply of temporary agency workers, either directly or indirectly, to work temporarily for and under the direction of a hirer;
  • hirers

They do not cover employment agencies which introduce workers to employers for direct or permanent employment.

Among other things the draft guidance explains and expands on:

  • what arrangements fall outside the scope of the Regulations,
  • when the 12 week qualifying period is met,
  • what constitutes pay  for the purposes of the Regulations, and
  • when agency workers will be entitled to bonus payments

Final guidance is expected to be published by the end of April.

Resources

Previous article: New regulations to implement the Temporary Agency Workers Directive

For further Information or to discuss the issues raised, please get in touch.

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