Information update on the Agency Workers Regulations, 2011 for Northern Ireland Temporary Workers.
On the 5th December 2011, the Agency Workers Regulations (Northern Ireland) 2011 will come into effect. The aim of these regulations is to give temporary agency workers the right to the same basic employment and working conditions as if they had been recruited directly by a client, if/when they complete a qualifying period of 12 weeks in the same job with the same client. For those temporary agency workers are already on assignment, the 12 week qualifying period shall begin to be counted from the 5th December 2011.
So as Apple Recruitment Services Temporary Agency Worker we wanted to highlight what impact this will have on you and the changes you can expect.
Day 1 (either from the 5th December or when you commence any new assignment with a client after the 5th December) rights for all Temporary Agency Workers
Facilities - From day 1 of an assignment, regardless of the length of assignment, you will be entitled to access the general facilities which are available to permanent employees in the client organisation, doing the same or similar job.
Vacancies - From day 1 of an assignment, regardless of the length of assignment, you will be entitled to access information on the job vacancies, which arise on the client’s site to which you are assigned.
This will mean you should be informed where or how vacancies are advertised internally within the client organisation for that site; thereby enabling you to apply should you meet the criteria/requirements for the role.
Rights which apply after 12 weeks in the same assignment with the same client
After the 5th December 2011, if you work in the same assignment, with the same client, after 12 weeks you may qualify for equal treatment in respect to pay and basic working conditions as a permanent employee in the client organisation undertaking the same or similar role.
The number of hours worked in a week has no bearing on qualifying for equal pay, regardless of whether you work on an assignment for 5 hours each week or 37 hours, after 12 weeks you will qualify for equal treatment.
The terms and conditions to which you, as a Temporary Agency Worker, will be entitled to are categorised below:
Pay – You will be entitled to the same basic rate, overtime pay, shift allowance, pay increment and possibly bonus as a permanent employee in the client organisation undertaking the same or similar role.
Hours of Work – You will be entitled to the same breaks and paid hours of work as a permanent employee in the client organisation undertaking the same or similar role.
Annual Leave - You will be entitled to the same paid annual leave as a permanent employee in the client organisation undertaking the same or similar role. However your additional annual leave entitlement will be rolled up in your hourly pay, any annual leave taken over and above the Working Time Directive of 28 days will be taken as unpaid.
Paid time off for ante natal appointments - Pregnant Temporary Agency Workers will be entitled to paid time off to attend antenatal appointments and antenatal classes when on assignment.
These enhanced rights only apply after 12 weeks in the same assignment with the same assignment; therefore you will find that in the first 12 weeks of your assignment your hourly pay rate, annual leave etc. will not change.
Over the coming weeks we will issue an amended contract for services for you to sign and return to us. This new contract will explain your rights in respect of the Agency Workers Regulations.
These additional enhancements do not change your employment status.
NB. If you are on a Derogation or Associate contract some of the rights detailed above may not apply to you. Further details can be found on your Derogation contract or on our website.