The AWR Test - Answers
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- What is the aim of the Agency Workers Regulations?
To ensure protection of temporary agency workers by applying the principle of equal treatment: "The basic working and employment conditions of temporary agency workers shall be, at least those that would apply if they had been recruited directly."
- What is the commencement date of the Agency Workers Regulations?
The commencement date was the 1st October 2011.
- What is the 'qualifying period'?
12-week qualifying entitlement is when the temp works with the same hirer for 12 continuous calendar weeks. Time counts if the worker is employed or otherwise contracted by a temporary work agency to work temporarily for and under the direction of the hirer. Calendar week is an whole/part week during which the worker is engaged in an assignment.
- What are 'day one rights'?
From day one of the assignment, the temporary worker is entitled to: Access to canteen and other facilities, access to childcare facilities, access to relevant vacancies, access to the provision of transport services and other collective facilities of their ilk.
- What does pay include and exclude?
Includes: Basic pay, fees, bonuses relating to work done, commission, fixed cash vouchers or stamps, holiday pay (WTR), shift allowances, overtime pay, unsociable hours premiums, payments for difficult or dangerous duties.
Excludes: Notice pay, occupational sick pay, occupasional pensions, occupational social security, redundancy pay, expenses, maternity, paternity and adoption pay, financial participation scheme such as share and profits distribution, bonuses not relating directly to the work done, company car allowance, life insurance, PMI, discount for purchase of company products.
- What are the alternatives?
Entry level pay, training rate, pay banding, shorter assignments.
- What is the Swedish Derogation?
Workers are employed on permanent contracts by the agency. It relects the long-term nature of the assignment but terms and conditions apply. These include: detailed pay rates, locations of work, minimum and maximum hours of work, type of work expected to reform. The worker is paid 50% of the hourly rate inbetween assignments and should be given 4 weeks pay between assignments before the contract is terminated. The worker must receive national minimum wage, holiday pay and they qualify for statutory employment rights such as unfair dismissal and redundancy. This is a very different arrangement to zero hours contracts or fixed-term contracts.
- How is pregnancy and maternity considered?
The temporary worker is entitled to time off to attend ante-natal appointments and must be paid for the appointment at the appropriate hourly rate. She can make a claim if she is not paid. The temporary worker MUST inform the agency that she is pregnant and adjustments should be made against identified risk. The agency must re-deploy or make alternative arrangements to the end of the original assignment.
- How is holiday considered?
Additional contractual leave can be paid in lieu rather than give the actual days holiday.
- What is the impact of performance managing temps?
If you performance manage temps it strengthens the contractual relationship as an 'employee'. However, the temporary workers can be given criteria to achieve bonuses from organisational performance they have contributed to.
If you are unsure of any of these questions, register your FREE place to attend one of Meridian's Agency Workers Regulations seminars.
Email AWR@meridianbs.co.uk requesting your place.