The Agency Workers Directive came into force on 1 October 2011 in the UK, giving temporary workers the entitlement to the same basic employment and working conditions as if they had been recruited directly, if and when they complete a qualifying period of 12 weeks in the same job. Temporary workers are also entitled to access to facilities and information on job vacancies from Day 1 of their assignment.
What Does this mean?
Individuals who work as “a PAYE agency worker or paid via a Ltd company are entitled to the following
Day 1 rights the agency worker to have access to the facilities (such as canteen, childcare facilities, etc) and information on job vacancies from the first day of their assignment.
After 12 weeks in the same job agency workers are entitled to equal treatment with regard to pay and other basic working conditions (annual leave, overtime, etc) and come into effect after a Temporary agency worker completes a 12 week qualifying period in the same job with the same client.
Pay includes annual salary/hourly/daily rate, overtime pay, individual bonus, holiday, luncheon vouchers, ante-natal appointments (time off for appointment only).
It does not include: pension, redundancy, maternal or paternal pay, expenses, profit related company or discretionary bonus, share schemes.