Agency drivers to get equal rights
10 February 2011
The government has confirmed that the EU Directive 'Agency Worker Regulations 2010' will come into force in the UK in October 2011. The directive sets out to provide equal treatment for temporary agency workers in relation to basic working and employment conditions, access to permanent employment and amenities and to improve access to training.
The key points for the road transport industry when the directive comes into effect later this year are that agency workers will be entitled to only the same basic terms and conditions as those directly employed by the user employer. There will be a 12-week qualifying period before this entitlement comes into effect.
In terms of the changes to basic terms and conditions, the new regulations will include:
• basic salary
• contractual leave that exceeds statutory leave
• over-time payments
• unsociable hours premium
• restrictions on night work
• rest breaks
• personal performance bonus (such as piecework, but not company profit sharing or share ownership scheme).
The regulations will not include:
• contractual sick pay scheme
• contractual notice or redundancy pay
• occupational pension contributions
• contractual maternity/paternity/parental leave in excess of statutory entitlement.
Guidance from the government and trade associations will be made available over the next year to assist employers in complying with their obligations.
Karen Crispe - Road Transport