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Supporting our customers to comply with the Agency Workers Regulations. Agenda. Overview. Introductions Update Purpose. Agency Works Regulations. Overview & Timescales Options Preferred Options. What c an we d o f or o ur c lients next?. Implementation of IT & Management systems
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Agency Works Regulations
What can we do for our clients next?
Questions & Discussion
The implementation of the Agency Workers Regulations (AWR) in October 2011 will require clients and Recruitment Agencies to work in partnership to ensure the regulations are adhered to.
The Regulations are the most important legislation to affect employers since the Conduct of Employment Agencies and Employment Businesses Regulations came into force in 2003.
As members of the REC we will keep our clients abreast of all legal implications and changes.
Presently we are evaluating the impact on our clients.
We will ensure our Planning Tools, Payroll system and Driver Passport System will ensure you are in compliance with the new legislation.
We will also comply with any in-house systems our clients use going forward to monitor the new legislation and indemnify our clients against any liability associated.
Gail Radley – Operations Director
Charlotte Harper – Financial Director
Richard Fenton - Operations Manager
Marian Butterworth- Operations Manager
500 Temporary Workers
2nd Tier Agencies
Enhance Relationships & Create Partnerships
Visibility and Control
Agency Workers get two sets of rights
Pay parity with permanent workers pay and benefits (not bonus)
Companies Directly engage Temps
True Self Employment
Terminate before 12 weeks
Pay between assignments
Workers supplied on Pay Between Assignments Contracts
(Which Workers?) The Clients and H&G to confirm
Contractual Commitment Required
Indemnity from H&G for losses incurred where workers supplied without Pay Between Assignments Contract occur
Workers signed to Pay Between Assignments Contracts by 1st September (which ones?) and reporting to and H&G on numbers signed
The popular consensus throughout most of our clients is the derogation route which we have been trialing by adopting a “pay between assignments philosophy”
H&G understand that our clients will require us to manage the AWR for them. We expect to demonstrate our knowledge of the legislation and accept the need to invest heavily in our IT infrastructure.
Employment Contract with H&G
Employment Contract defines suitable work for worker
Operational commitment to assignments of 16 to 20 hours per week
Express waiver of Regulation 5 pay right
Pay-between assignments for minimum of 4 weeks
H&G has installed robust technology to ensure legal compliance.
All our contracts (terms & conditions) are viewable on our AWR portal, please go to www.H-G-Recruitment.com or email questions to AWR@H-G-Recruitment.com for an informed answer by our legal department.
Umbrella – (Paye Day)
H&G = Control
Worker (SE / PAYE)
Terms (Over arching)
QIfa client pays double or treble time to its permanent employees for working a Bank Holiday after the 12 weeks, will they have to pay agency workers for the same rate?
Q Our client wishes to know if he pays his own driver’s meal allowance will he have to pay his agency the same after 12 weeks? (If the client classes this as expenses then, no the agency worker is not entitled).
Q If the drivers are employed by us and work at a site on a regular basis, who does the disciplinary in the event after 12 weeks?
Q Many clients are talking about going down the Swedish derogation route as their preferred route. Do you have an example contract for this?