Agency Workers Regulations
The Agency Workers Regulations (AWR), came in to place on 1st October 2011. AWR is a significant influence on the recruitment industry, it still has the attention of the media and all service providers should now be fully engaged with all stakeholders to ensure full compliance.
At the cps group we have spent a great deal of time and money investigating the impact of the legislation in consultation with our employment lawyers. In doing this we have achieved a greater knowledge and understanding of the impact AWR has had on all parties to date.
The Agency Workers Regulations (AWR) are to ensure that people who work through staffing agencies have the same rights as those who are directly employed by a company. The regulations are based on an EU Directive and came into effect on October 1st, 2011.
Agency workers will have some rights from the first day at work:
- Access to shared facilities (canteen; child care; transport etc.)
- Access to internal/external vacancies
- Paid time off for antenatal care
- Rights when pregnant to either suitable work or paid time off
A qualification period of 12 weeks must be completed after which agency workers will gain additional rights:
- Comparable basic working and employment conditions as an equivalent permanent employee
- Pay – wages; individual bonus; commission; holiday pay
- Working hours / Night work
- Rest periods / Break periods
We are engaging with ALL of our agency partners on an ongoing basis discussing the best options to take forward in each case – these include The Swedish Derogation Model (or pay between assignments – PBA), The Comparator Model (or Match Permanent Pay – MPP) and the Out of Scope Models (Limited Company, Self-Employed and Professionals).
We are also continuously improving our support mechanisms making particularly sure that our payroll and accounting software remains AWR compliant too.
By working in partnership with agencies like yourselves we will be able to identify who is ‘in scope’ or ‘out of scope’ of the AWR.
Don’t forget though that as a provider of the complete range of accounting and payroll solutions for contractors – your umbrella, your psc, your sole trader and your cis – we are best placed to give contractors a clear choice of products that suit their needs, including those affected by AWR.
If you would like to learn more about Agency Workers Regulations and how the cps group can help your agency through the minefield please do not hesitate to contact us we will send you through our detailed guide FREE.