The agency workers directive (AWD) comes into force on 1st October 2011 and will give an agency worker the right to the same 'basic working and employment conditions' (pay, the duration of working time, night work, rest periods, rest breaks and annual leave) as a comparable direct recruit after 12 weeks on an agency workers assignment.
The key right is that basic working and employment conditions must be no less favourable than the basic working and employment conditions (certain elements of pay, holiday, hours) the worker would have been entitled to had they been directly hired by the organisation for which they are working.
This right accrues after the worker has worked in the same role for a hirer for 12 continuous weeks.
Other equal treatment rights include access to facilities and amenities and access to vacancies which apply from day 1 with the hirer i.e. there is no qualification period.
The Regulations provide entitlements to “agency workers” and do not provide any rights in respect of employees whose terms and conditions, principally in respect of pay, may be less favourable than those of some “agency workers”.
The responsibility and cost of providing the same basic working and employment conditions (certain elements of pay, holiday and hours) to the worker rests with the Agency. The Company however is obliged to provide the Agency with the relevant details to enable the Agency to make such provision and to arrange to ensure other aspects of equal treatment can be effectively managed within the Company. If the Company fails to do this then it may also be liable to the worker for the inequality in basic working and employment conditions. The Company will be solely liable for any breach of the “day one” rights.
The Regulations are both complex and ambiguous in part and case law development will need to be monitored over time.
So what does this mean for businesses engaging a high volume of temps, especially those temps on or just above the minimum wage? The implication are serious: a potential increase to the cost base of a business.
Many United Kingdom based businesses will struggle to meet the demands of the new directive not only from a potential financial aspect but also from a process, control and monitoring viewpoint.
To support our customers mitigate the risk and effectively manage all aspects of temporary labour spend, we at Xchanging Procurement Service , have developed a sophisticated web ordering managed service model. We call it Enhanced Resourcing Service.
So, how does this work? The Enhanced Resourcing Service allows vacancies to be captured and routed to a consolidated supply base for fulfilment, which is fully compliant under the new Agency Workers Directive regulations. It allows customers flexibility in their approach which are aligned to their company Agency Workers Directive policies e.g. to provide comparable pay after 12 weeks or from day 1. This service provides an organisation:
Control & Visibility
• Process is compliant to Agency workers directive
• Compliant Supply Chain
• Single source supplier
• Transparency of spend across all locations, regions, job categories and suppliers.
Cost Mitigation
• Cash Flow generation by introducing gain share models
• Process Efficiency / Streamlined Administration through automation
• Cost Reduction through supplier leverage and cost out approach
• Improved Working Capital via standardised payment terms and supplier leverage
Risk Mitigation
• Legislative obligations achieved or deferred
• Vendor neutral to support ‘fair’ sourcing
Many leading organsiations today realise that being prepared is critical. We are already engaged with a range of businesses to:- to:-
• Conduct impact assessments, including reviewing the supply and use of temporary contract workers, identifying which workers will be in scope and which will be outside scope of the Agency Workers Regulations and assessing any cost impact.
• Work together to consider options to minimise risk and cost when supplying and engaging workers in and outside scope of the Agency Workers Regulations
• Put new contracts in place with appropriate agreement on risk apportionment
With the fast changing regulatory environment, increasingly organisations are looking to implement a tailor made solutionfor long term sustainable benefits and process efficiencies and to manage and mitigate the risk of changing employment legislation. How prepared are you?