Understanding the term “Agency Workers”

According to employment law, the definition of “agency worker” is established through payment. If the agency pays a person, he or she is considered an employee of the agency. Also known as ‘time’, agency workers enjoy most of the same rights as fixed-term or permanent workers. However, they are not likely to receive the same amount of employment benefits as those who are directly employed by an organization.

In addition, agency workers have a written ‘contract of service’ or ’employment contract’ between the recruiter who finds them the jobs and themselves. On the other hand, agencies are not allowed by labor law to charge fees to job seekers for finding job opportunities for them (except for those working in the modeling and entertainment industries). Rather, they may charge for related services like training or resume writing.

Temporary Employment Rights

First, temporary workers can expect fair treatment on the job, despite not having the full range of employment rights that permanent employees do. Temporary workers also receive paid vacations, reasonable working hours, regular breaks, and are paid according to the National Minimum Wage. In addition, these workers are protected from discrimination on the job by equality laws, along with health and safety regulations.

Equal treatment after 12 weeks

Once you have completed 12 weeks in a particular job role as a temporary worker, you may qualify to be treated on par with any permanent worker employed in a similar role. This means that you could receive the same working time expectations, salary agreements and annual leave as a permanent worker. This right is not affected by whether your job is full or part time.

That said, any employment irregularities may affect your entitlement to these employment rights. If the break in employment exceeds 6 weeks between functions in a particular company, or ends with a job function that is significantly different from the previous one, the duration of your work in the company, for which you are considered contracted, is restarted. . steel.

There are, however, some cases where some situations mean a ‘pause’ rather than a ‘break’ in your right. Typically, the amount of time you are considered to have been working with your company stops during these periods. When you start working with the same employee again, the time resumes again. Generally, this happens when you take a break from work of 6 weeks or less (or up to 28 weeks, in the event of an injury or illness), the workplace has temporarily closed, or you take advantage of vacation time.

In situations where you take time off due to pregnancy, take adoption or paternity leave, or need leave within 26 weeks of giving birth, employers will essentially consider you still working with them. This period will be added later to the period of time you worked for the employer.

Pay

UK labor law gives temporary workers the right to receive the national minimum wage as a minimum, just like any other category of worker. In addition, a worker has the right to be paid by the agency for all hours worked, regardless of whether the time sheet has been completed. However, the agency may delay payment while it conducts an investigation to determine whether the agency worker actually worked the hours. This investigation must be completed within a reasonable time.

If the agency has not received wages from the contractors for a service provided, the worker would still be entitled to the agreed amount of payment.

Terms of employment

An agency is legally required to put the terms of employment in writing before beginning to search for a position for you. In general, these terms should include:

• relevant payment details;
• a notice period;
• employment details (whether you have a service contract or an employment contract);
• leave and vacation entitlement;

In the event that the worker agrees to the changes included by the agency in the terms of employment, both the worker and the agency must draft and sign a new document that includes the complete details of the modifications.

Agencies must always provide basic employment-related information to an individual once he or she starts working in a job position. These information points should include:

• hourly rate or salary;
• to lease;
• Start date;
• an approximate date of completion of the work;
• hours of work, with details of flexible work (if applicable);
• specification of the person for the role;
• homework details;
• health and safety risks and controls;
• any expenses incurred;

The company that hires the worker through an agency is responsible for paying the agency a fee, which covers the hiring and salary charges. Subsequently, the agency uses the money received to pay the workers themselves. While agency workers receive a number of benefits, including the opportunity to try multiple jobs and flexible hours, the most important employment rights enjoyed by permanent employees, such as compensation for unfair dismissal or severance pay, are outside of the contract. reach of agency workers.