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AWR – Agency Workers Regulations.

When you start a new contract or working on a contract you may hear of legislation regarding AWR and wonder what this legislation is and how it will affect you.

The first question to answer is what is AWR? In full AWR stands for Agency Workers Regulations and it has been implemented to protect temporary agency workers. The legislation simply means after 12 weeks service a temporary worker in the same job would have the right to equal treatment for basic working and employment conditions comparable to that of a permanent employee. This will also include entitlement to certain client facilities and information on the hirer's job vacancies from day one of their assignment.

The rights an agency worker can expect to receive are split into day one and week 12. Day one rights include the right to collective facilities and amenities such as a canteen, crèche (childcare facility), car park and use of transport services. The week 12 rights are to receive the same basic employment and working conditions as to permanent employees (in a same or similar role). This will include the right to equal pay, overtime, bonus, commission related to individual productivity, and the right to be paid and take the same holidays as a comparable employee.

The rights will not include equal treatment in relation to redundancy pay, occupational pension schemes, share schemes, maternity/paternity rights or bonuses related to the company's performance. As well as occupational sick pay, non-cash awards, advances in pay, loans or any other non-contractual payment.

AWR started on the 1st October 2011 and from that date applied to both new and existing contracts. It affected any individual who is supplied to work temporarily for a client (third party) under the direction and control of the hirer. This can be under either a contract of employment or a contract of services.

For all MyPay members we adopt a comparator pay model and will work with your agency/ client to ensure that you receive all your day one and week 12 rights accordingly. This will involve seeking information from the agency/ client in regards to a comparator job role to establish terms and conditions ordinarily in force within the hirers business for your role on a permanent basis.

If you require any further information on AWR and how this will affect you please contact one of MyPay's Account Managers on 0844 879 7201.

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