Agency workers regulations, new contract

monty_python

does anyone have an opinion on legality of holding back signing of new contract as mentioned above as i have now been
told that as i have not handed in and signed the new contract that i will not be able to get any work until i do.
don`t think i can last 2 weeks with no income. A legally qualified opinion on this would be most helpful? just thought that if i signed after and not before the agency regulations where in full effect that i might have more rights down the road.

it was mentioned by a previous poster that if it was not fully legal that the contract signing either way would be void anyway but i don`t see one of the biggest recruitment companies being that stupid that they havent found a loophole in the law. as long as they are paying some small pathetic sum if you dont get working then that seems to be the work around they are using to avoid compliance. Seems only 2 countries in europe are opposed to this new law and Britain is one of them.

SarEl

I believe that I feel a big "I told you so" is lurking somewhere - I said all along that everyone rejoicing these regulations hadn't actually read them! I am afraid not signing won't help you. The agency is not required to find you work, now or after the regulations come into force. If you don't sign, there won't be any work with that agency any time soon. And when you sign doesn't matter - only the fact that you have signed. So if you want to continue working with them, then you will have to sign.

SteProud

How are you currently being paid? Are you agency PAYE or paid via an umbrella for example?

We've been preparing for the AWR for the last two years and from very early on it was clear from our legal experts that you cannot just ask employees to sign away their reg.5 rights to equal pay. You either have to offer matched pay after 12 weeks or employ agency workers on a swedish derogation model. This means that the umbrella company or the agency is legally the worker's employer and will offer pay between assignments amongst other things.

No one will be actively policing the AWR, its up to the worker to make a claim and bring a case to tribunal. And it was intentionally written to make it very difficult to find loopholes. I expect we will see the unions bringing a large number of class action cases 12 weeks after the 1st ocotber.

monty_python

thanks for the reply
im aware of the swedish derogation model well only cause i came across it earlier today mentioned on a legal site and i believe that is what is happening in my contract because they are making payments in between assignments though i dont think it will add up to much because they are only guaranteeing 4 hour shifts where as my existing contract has a guarantee minimum of 6 hours. 365 hours (not days) of guaranteed work in the year which aint much is what they are saying they will guarantee and its no more than 50% of last assignment based on last 12 weeks at no less than minimum wage. so i guess i could end up being paid for 2 hours work (i.e 50% at minimum wage of last shift or something) and end up with 12 quid ha oh well i new it was all too good to be true guess i will have to sign then.

monty_python

sorry steproud i believe im being paid PAYE dont know what difference it would make though, ive heard of umbrella being mentioned but dont know much about it.

SteProud

bristol_pilot wrote: »

OP might want to consider joining another agency. Many agencies have apparently chosen NOT to activate the opt-out clause as it means the worker becomes a permanent employee of the agency and has to be paid by the agency between assignments.

There are no opt-out clauses regarding the AWR, either the agency worker has their pay matched so that it is the same as a comparable permeant employee or they become a full employee of their agency and it is the agency that has to make sure they are compliant with AWR.

And to do this you have to demonstrably behave as an employer, hence providing pay between assignments etc.

They way we have worked it is we are offer a swedish derogation model and the way the pay calculation works means that there is no extra cost to the hirer, agency and the workers take home pay is unchanged.

This only works if you are earning a rate of £11 per hour or better and are claiming legitimate expenses.

There is lots of info on the AWR at www.understandingawr.co.uk

daveboy

Having personally seen the total disregard for others (manners and safety when operating MHE) demonstrated by agency staff where I work, which will remain nameless, I personally hope a lot of people find themselves out of work right before Christmas.

I seriously hope agencies find some tricks round the 12 week rule. Even if it means taking them on and getting rid of them never to be used again after 11 weeks and 6 days.

fedster

daveboy wrote: »

Having personally seen the total disregard for others (manners and safety when operating MHE) demonstrated by agency staff where I work, which will remain nameless, I personally hope a lot of people find themselves out of work right before Christmas.

I seriously hope agencies find some tricks round the 12 week rule. Even if it means taking them on and getting rid of them never to be used again after 11 weeks and 6 days.

You sound a bit bitter,not all agency staff are incompetent,why tar everyone with the same brush?

Jarndyce

daveboy wrote: »

Having personally seen the total disregard for others (manners and safety when operating MHE) demonstrated by agency staff where I work, which will remain nameless, I personally hope a lot of people find themselves out of work right before Christmas.

I seriously hope agencies find some tricks round the 12 week rule. Even if it means taking them on and getting rid of them never to be used again after 11 weeks and 6 days.

What a very mature post. And you think others have an attitude!

Someone called Dave once trod on my foot, so I hope you become homeless by the end of November.

SarEl

daveboy wrote: »

Having personally seen the total disregard for others (manners and safety when operating MHE) demonstrated by agency staff where I work, which will remain nameless, I personally hope a lot of people find themselves out of work right before Christmas.

I seriously hope agencies find some tricks round the 12 week rule. Even if it means taking them on and getting rid of them never to be used again after 11 weeks and 6 days.

I regularly employ agency workers - many of whom have gone on to stay as permanant staff. Why on earth would you wish evil thoughts on other employees? The human race is doing so well tonight - How will you feel when someone says well that's ok, you're redundant but we don't care?