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The Agency Workers Regulations 2010 came into effect in England, Scotland and Wales on 1st October 2011 and in Northern Ireland on 1st December 2011. The regulations grant temporary agency workers two types of rights: Day 1 Rights and Week 12 Rights. In the following section, we have highlighted some of the most frequently asked questions relating to AWR.
エージェンシー・ワーカー・レギュレーション(派遣労働者に関わる規制、以下AWR)が2011年10月1日から施行されました。当該規制は、エージェンシーを通じてテンポラリー業務に就労しているエージェンシー・ワーカーに適用されます。この規制は自営業の人、或いはエンド・ユーザー (派遣労働者の最終的ユーザー/利用者) に直接雇用されている人には適用されません。AWRはテンポラリー・ワーク・エージェンシーによりハイヤラー (勤務先・派遣先会社) に派権されているエージェンシー・ワーカーの保護を目的としています。
Frequently Asked Questions
• A PAYE temporary worker whether employed by the supplying agency under a contract of employment or engaged as a worker under a contract for services
• A PAYE temporary worker supplied via an umbrella limited company either directly or through an agency
A worker who is genuinely in business on their own account, (i.e. a genuinely self employed one person limited company contractor) is outside the scope of the regulations.
• The agency supplying the temporary worker to the hirer
• Umbrella limited companies whether supplying through an agency or directly to you
• Any master or neutral vendors in the supply chain
Responsibility for ensuring the Temporary Agency Worker receives Day 1 Rights rests with you, the hirer.
From day one in an assignment temporary workers are entitled to the:
• Same access to collective facilities as if were directly employed by you, and subject to the same qualifying criteria, e.g. company canteen, gym membership, company crèche,car parking facilities, subsidised transport etc.
• Right to be informed of suitable internal vacancies at your place of work. If you post internal vacancies on your intranet site, then temporary workers should be given access to this.
Responsibility for Week 12 rights lies primarily with the Agency: However, the hirer is responsible for providing accurate information with regard to the pay and working conditions of comparable workers.
Week 12 rights After working for the same client hire (you) in the same role for 12 weeks a temporary worker becomes entitled to the:
• Same pay (explained later in article)
• Working conditions (explained later article)
• Salary or wages
• Shift, difficult/dangerous work premia
• Holiday pay
• Overtime pay
• Vouchers (with a fixed monetary value)
• Individual performance related bonuses (explained later)
• Other money benefits referable to the work undertaken during the assignment
Pay does not include (therefore temporary worker not entitled):
• Benefits in kind
• Occupational sick pay
• Pension payments
• Maternity, paternity and adoption pay
• Redundancy pay
• Share and option schemes
Loyalty bonuses (such as a Christmas bonus) or any bonus payments which are not directly
attributable to the amount or quality of the work performed by the temporary worker
• Guarantee payments
• Company car
• Health/life insurance
This refers to any working time entitlements – working hours, rest breaks, paid holiday.
A directly hired permanent worker who is performing a broadly similar role. If there is no comparable worker, you should consider what basic pay and conditions would be offered, were you to hire the worker directly.
When s/he has performed work for 12 consecutive calendar weeks. However, in the case of the following types of absence, the continuity will not be broken, but will simply “pause the clock
Temporary agency workers will be entitled to paid time off for ante-natal care after 12 weeks, as well as other pregnancy-related entitlements.
Temporary agency workers are entitled to the same pay as a comparable worker. If the comparable worker receives a salary increase, then the temporary agency worker may no longer be receiving the correct rate of pay. It is advised to include temporary workers in your salary review process and apply the same criteria as you would for directly hired workers.
Under the regulations, temporary agency workers may be entitled to bonuses, provided that:
• You would pay a bonus to the temporary worker if you directly hired him/her.
• The bonus is directly attributable to their individual performance..
Where this applies the temporary worker does not have to receive exactly the same bonus as your comparable direct employee but should have the same opportunity to achieve it and be assessed using the same criteria. By contrast, bonuses or any part of them, directly linked to an individual’s length of service or the company’s performance will not count.
The People First approach
We work in partnership with our clients to ensure that temporary agency workers are treated fairly and that they receive equal treatment in accordance with the regulations. Appropriate processes have been set up to ensure that we are fully complaint, guaranteeing our clients peace of mind.
Step 1 – As part of the temporary onboarding process, we will send you a questionnaire to ensure that we have all the relevant information.
Step 2 – Once we have received this information, we will calculate any additional pay and charges and will notify you accordingly, prior to the 12 Week qualifying date.
Step 3 – We will send out an amended assignment schedule to your temporary agency worker and will give you a full breakdown of all charges.
Step 4 – We will contact you prior to the annual salary and/or bonus review date, to ascertain whether your temporary agency worker may qualify for a bonus and/or salary increase
We will liaise with you throughout the process, to ensure that you have an in-depth understanding of the regulation requirements and we will answer any questions you may have within 48 hours.