Constructing Better Health News Updates

New Rights for Agency Workers


The Agency Workers Directive will come into force on 1 October 2011. All companies and other organisations will be aware that the new regulations provide for temporary agency workers to be given the same basic employment conditions as those of its full time employees.

For instance, when an agency worker commences work for an organisation he or she is entitled to the same equal access to the organisations facilities as those of its full time employees, including catering, childcare, car parking and other benefits.

Additionally, when an agency worker completes an initial qualifying period of twelve (12) weeks of an assignment he or she will be further entitled to equal treatment of the organisation’s full time employees such as pay, commission, overtime payments, working hours, rest periods and holidays. Additionally, a pregnant agency worker will be permitted paid time off to attend anti-natal appointments.

Equal treatment of agency workers does not extend to either pension provisions or sick pay and agency workers will not be entitled to claim unfair dismissal or a redundancy payment.

Companies and other organisations should take professional legal advice as to how they engage agency worker staff as the Agency Workers Directive contains significant other rights to which agency workers are entitled in order to ensure that they comply with all the new regulations set out in the Agency Workers Directive.

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