The government has published draft guidance on the Agency Workers Regulations 2010 which come into effect on 1 October 2011.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
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Among other things the draft guidance explains and expands on: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.