New rights for agency workers

New legislation to provide improved rights for agency workers has now been put before Parliament.

The Agency Workers Regulations 2010 are based on an agreement between the Government, the CBI and the TUC and are designed to comply with an EU directive.

A Government statement said: “For the first time agency workers will be entitled to equal treatment on basic working and employment conditions, including pay and holidays, as if they had been recruited directly by the hirer after 12 weeks in a given job.

“The rights on pay will apply not just to the basic hourly rate, but to all pay for work done, including bonuses that are directly related to the performance of the agency worker personally.

“But, as set out in the Directive, they will not extend to some of the wider benefits that permanent staff can enjoy in the context of their longer-term relationship with their employer, such as occupational pensions and sick pay.”

There will be penalties to deter agencies and employers from trying to get round the regulations by methods such as using repeat assignments.

They may have to pay up to £5,000 to a worker if an employment tribunal finds they have breached anti-avoidance rules.

The Government says it is committed to getting the regulations on the Statute Book before the end of this Parliament. They will then come into force next year.

 

March 2010

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