AWR - Agency worker regulations:
The fundamental principle of the agency worker regulations is to protect Temporary Worker from being exploited.
As soon as the Temporary Worker starts an assignment, day 1 rights are available, which include the agency worker having access to facilities and also having access to information on job vacancies. It is the hirer, or end client who is responsible for ensuring that the agency worker has access to these facilities. If a dispute was to arise, there would be no liability on the recruitment agency. However, after 12 weeks, there are other rights which the recruitment agency must comply with.
EQUAL TREATMENT AFTER 12 WEEKS- After a qualifying period of 12 weeks the Temporary Worker has the right to receive the same basic working and employment conditions of a comparable permanent employee, such as; Pay & bonuses - Duration of working time - Annual leave
Any claims of non-compliance under the AWR will be heard by the Employment Tribunals. A worker has to bring a case within 3 months of becoming aware of the issue or 3 months from the end of the contract or assignment.
NB: The guidance makes it clear that all parties should attempt to resolve any disputes before bringing a case to the tribunal.
IMPORTANT– The Temporary Worker has a contractual obligation to let the Hirer and Employment Business know of any shortcomings
Please tick the box to confirm you have read and understood the Agency worker regulations and your rights: *
I HAVE READ AND UNDERSTOOD
48 Hour Opt Out Agreement
1.1 In this Agreement the following definitions apply:-
- Means the period during which the temporary worker is engaged to render services to the client
- Means the person, firm or corporate body engaging the services to the temporary worker
“Employment Business” – Means Davinci skilled and technical Ltd
“Working Week” - Means an average of 48 hours each week calculated over a 17 week reference period.
1.2 References to the singular include the plural and references to the masculine include the feminine and vice versa.
1.3 The headings contained in this Agreement are for convenience only and do not affect their interpretation.
2.1 The Working Time Regulations 1998 provide that the Temporary Worker shall not work on an Assignment with the
Client in excess of the Working Week unless he agrees in writing that this limit shall not apply.
3.1 The Worker hereby agrees that the Working Week limit shall not apply to the Assignment
4. WITHDRAWAL OF CONSENT
4.1 The Temporary Worker may end this agreement by giving the Employment Business 14 days notice in writing.
4.2 For the avoidance of doubt, any notice bringing this Agreement to an end shall not be construed as termination by
the Temporary Worker of an
Assignment with a Client.
4.3 Upon the expiry of the notice period as set out in clause 4.1 the Working Week limit shall apply with immediate effect.
5. THE LAW
5.1 These Terms are governed by the law of England & Wales and are subject to the exclusive jurisdiction of the Court of England & Wales.
I declare that i have read all the information in this application,
and i have been made aware of my 'terms of engagement' as a temporary worker.
I have read and understood