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Content:
- Level 1 Award in Workers Rights and Labour Exploitation
- Laws that Prohibit Retaliation and Discrimination
- Government introduces target on percentage of agency social workers in children’s workforce
- Stories from the Frontlines: Bringing Workers’ Rights Education to our Communities
- Investigation into Amazon’s use of agency workers raises important questions
- Do agency workers get paid holiday?
- Resources for Temporary Foreign Workers
Level 1 Award in Workers Rights and Labour Exploitation
Your rights at work depend on your employment status. This means that if you are an agency worker and you have been placed with the same employer for at least 12 weeks, you have the right to paid time off for your antenatal care and the right to be offered suitable alternative work or to be suspended on full pay if there are health and safety risks. Workers can also be eligible for maternity and other types of parental pay.
A temporary work agency can be a public or private sector organisation the agency that supplies individuals to work under the supervision or direction of someone else the employer or hirer. An agency cannot provide less than your legal rights but they may provide better terms and conditions than the legal minimum. No, it does not matter whether you have a written contract or not. You still have the same legal rights but there may be more uncertainty about your employment status and about your terms and conditions at work if it is not written down.
A contract can be verbal and if there is a dispute about your employment rights, an employment tribunal would look at what has been agreed between you and your agency or employer and what actually happens in practice. Some agency workers are employees of the agency, so you should check your contract or ask. Or, in some cases you may be able to argue that you are an employee of the employer you are working for and should be entitled to the same rights as other employees.
If these terms are being used to deny you the rights of an agency worker or if you think that you should be treated as an employee you should get advice on your employment status as this is a complex area, see Where to go for more help. What counts is the nature of the working relationship between you and your agency or employer. Does my employment status change after I have been with the same employer for more than 12 weeks? No, your employment status is the same but after 12 continuous weeks with the same employer you are entitled to many of the same rights as permanent employees.
Your rights during pregnancy and childbirth are set out below. Agency workers who have worked for the same employer for at least 12 weeks are entitled to the same basic working conditions such as pay, working time and holiday entitlement. To qualify for many maternity and parental rights you need to work for the same employer for a certain amount of time, for example, you need to have worked for the same employer for 26 weeks in order to get Statutory Maternity Pay, Statutory Paternity Pay or Statutory Shared Parental Pay.
Sometimes, even if there have been breaks, you may be able to count the whole period as continuous employment. I have worked for the same employer on monthly placements for more than 3 months. Does that count as 12 weeks continuous employment? Yes, you will have completed 12 weeks employment if you have worked continuously for the same employer, even if it was one or more placements. You can add together each week in which you worked.
You can count weeks in which you were on annual leave. No, you can work part-time. What happens if I cannot continue in a placement because of pregnancy-related sickness? There is a protected period from the beginning of pregnancy until 26 weeks after the birth of your baby. If you cannot complete a placement because of a reason related to pregnancy, childbirth or maternity leave or shared parental leave, you are considered as continuing in that placement until the date it was expected to end.
I had worked for 10 weeks on a 14 week placement before I stopped work because my baby was born. I have now returned to work for the same employer. What are my rights? Firstly, you are considered to have completed the 14 week placement because you stopped work for a reason related to pregnancy, childbirth or maternity leave. Secondly, the qualifying period between the two placements with the same employer was paused because the break between your placements was related to pregnancy, childbirth or maternity leave.
This means that when you started your second placement with the same employer you had already completed at least 12 weeks continuous employment with that employer and they should provide you with the same basic employment conditions as permanent employees. No, it is pregnancy discrimination for an agency to refuse to offer you work or refuse to renew a contract because of your pregnancy.
If you are refused work or treated unfairly because of your pregnancy you should seek legal advice. You can also make a claim in an employment tribunal if you are treated unfairly. You must make a tribunal claim within 3 months less one day from the date of the act of discrimination or date you are complaining about.
For more information, see Dealing with problems at work. No, it is also pregnancy discrimination for the company you have been placed with to treat you less favourably because of your pregnancy, such as refusing to keep you on because of pregnancy or withdrawing an offer of a permanent post. Agency workers are not entitled to paid time off for antenatal care until you have completed at least 12 weeks continuous employment with the same employer.
Once you have completed 12 weeks continuous employment, your agency and the employer you are working for must allow you to take reasonable paid time off to attend antenatal appointments. This can include a reasonable amount of travelling and waiting time if it is within your working hours.
You are entitled to take time off during your normal working hours and must not be asked to make up time or to use sick leave or annual leave. You should be paid your normal hourly rate. Your agency is entitled to ask for proof of your pregnancy and each appointment, apart from the first appointment.
You can ask your GP or midwife to provide a note confirming your pregnancy. Your agency should accept an appointment card or letter as proof of the appointment and cannot ask for additional evidence. If you work part-time or irregular shifts you should try to arrange your appointments outside your working hours wherever possible.
However, you are entitled to be paid for time off during your normal shifts or normal working hours if it is not possible to have appointments at another time. If you are refused time off or not paid your normal pay, you should talk to your agency and show them some information on your rights.
You can find Government information here: www. If you are unable to resolve it you can telephone ACAS on 11 00 in order to start a claim in an Employment Tribunal. You must telephone ACAS within three months less one day from the date of the appointment.
If that is not possible, you can make an employment tribunal claim for loss of pay. The right for agency workers to take a reasonable amount of time off to attend antenatal appointments comes from the Employment Rights Act , section 57ZA. For more information see Time off for antenatal care. All agency workers have basic health and safety rights from day one of their employment.
In order to get health and safety protection, you must notify your employer where you are working in writing that you are pregnant or that you have given birth in the last 26 weeks or you are breastfeeding. Your employer must review their risk assessment and must specifically consider any pregnancy-related risks. If there are risks, the employer you are working for must take reasonable action to remove the risks by altering your working conditions or hours of work.
If you are concerned about risks at work you should talk to your midwife or GP. If they consider that you are well enough to work but you need adjustments to avoid health and safety risks in pregnancy they can provide you with a letter or fit note that says that you are able to work providing adjustments are made to protect you and your baby.
Your agency can offer a suitable alternative placement if one is available. Any suitable alternative work must be on the same terms and conditions as your existing post. If there is no suitable alternative work available, you are entitled to be suspended on full pay by the agency for as long as your placement was intended to last or would have been likely to last.
Note: if you are suspended on full pay, your agency can start paying your Statutory Maternity Pay from 4 weeks before your expected week of childbirth as you are considered to be absent because of pregnancy.
You are not entitled to a maternity suspension if you have refused an offer of suitable alternative work. The health and safety protection for agency workers set out in this section comes from the Management of Health and Safety at Work Regulations, reg.
Your employer and your agency are entitled to ask for medical evidence in the form of a certificate to confirm your pregnancy from your midwife or GP but must not wait to take action to protect your health and safety. They cannot ask for your MATB1 maternity certificate as this cannot be issued before 20 weeks and is only required for maternity pay purposes.
For more information on health and safety, including information on risks at work during the coronavirus pandemic, see Health and safety during pregnancy and return to work. You need to be classed as an employee to have the right to take maternity leave and return to the same job. If you have been in a long-term placement and are refused work because you have taken time off to have a baby it may be maternity discrimination or sex discrimination and you should seek legal advice.
Can the agency dismiss me? If you are not receiving SMP from your agency, your agency can issue a P45 once you have been absent from work for more than three months without any pay. This may happen if you are not entitled to Statutory Maternity Pay and are receiving Maternity Allowance instead. You can still sign back on with the agency once you are available for work again.
Shared parental leave does not provide any additional leave and pay for parents but allows parents to share leave if the mother returns to work early or does not use up her full maternity pay. Shared parental leave and pay is complicated.
For more information, see Shared Parental Leave and Pay. Parental Leave is usually unpaid. For more information on rights for fathers and partners, see Rights at work for fathers and partners. SMP is paid for 39 weeks. Your agency pays your SMP in the same way as your salary is paid. They deduct any tax and National Insurance contributions. You can get SMP even if you do not plan to go back to work. You do not have to pay SMP back if you decide not to return to work.
Yes, agency workers can get SMP if they meet the normal qualifying conditions. You do not need to be classed as an employee to get SMP. Find the Sunday before your baby is due or the due date if it is a Sunday and count back 15 Sun- days from there. That is the start of the 15th week before your expected week of childbirth- known as the Qualifying Week. You should use the due date on the MAT B1 certificate which your midwife or GP will give you when you are about 20 weeks pregnant. You will need both forms to claim Maternity Allowance — see below.
SMP is not classed as public funds and claiming it will not affect future immigration applications. For more information, see the Maternity Action information sheets on maternity rights and benefits according to your immigration status. If you are employed by an agency, in each of the 26 weeks into the qualifying week, you will satisfy the continuous employment rule. As long as you did some work even for one day during any week it counts as a full week.
For SMP purposes, a week runs from Sunday to Saturday so it is important to count each week carefully. There may be complete weeks when you did no work for the agency.
Laws that Prohibit Retaliation and Discrimination
Changing the role of specialist provision towards supporting inclusive education is closely related to ensuring the rights of all learners to high-quality inclusive education. The Agency supports the ministries of education of over 30 member countries as they improve their inclusive education policy and practice. It also co-operates with transnational organisations and engages educators, experts, learners and families to ensure high-quality educational opportunities for all. Find out about our work and activities by clicking on the blocks below or using the menu at the top. Read our latest news below or discover a selection of featured content under the news.
Government introduces target on percentage of agency social workers in children’s workforce
It is important for temporary foreign workers to be aware of their employment rights. The following easy reading guide can help you understand employment standards and your paycheck. The following resources can help you learn about employment standards rules in Alberta:. The following brochure has information on your rights and responsibilities as a worker in Alberta, and the support you can access from Alberta's Temporary Foreign Worker Advisory Office. Employment agencies must have a license issued by Service Alberta to exist in Alberta or recruit for an employer located in Alberta. Find out if an employment agency is licensed. Learn more about employment agencies. Temporary Foreign Workers can file a complaint with government if they believe an immigration consultant or employment agency has:.
Stories from the Frontlines: Bringing Workers’ Rights Education to our Communities
The agency for temporary employing shall undertake, in the employment contract concluded between the agency for temporary employing and the employee, to ensure for temporary performance of work of the employee at the using employer, and shall agree on the conditions of employment. The written temporary assignation agreement concluded between the employer and the employee shall mainly include the name and registered office of the using employer, date of inception of the temporary assignation, agreed duration of the temporary assignation, type of work and location of performance of work, wage conditions and the conditions for unilateral termination of the performance of work before lapse of the specified duration of temporary assignation. Temporarily assignation may be agreed maximum on 24 months. Temporarily assignation of an employee to the same using employer may be extended or agreed again maximum four times within 24 months. During the temporary assignation the employee shall be paid wage, compensation of wage and travelling expenses by the agency for temporary employing.
Investigation into Amazon’s use of agency workers raises important questions
Share sensitive information only on official, secure websites. Delta-T Group Massachusetts Inc. For workers to be classified as independent contractors in Massachusetts, they must be free from control and direction in the performance of their job, performing a service outside the usual course of business of the company that hires them, and engaged in an independent trade or business of the same nature as the job. When employers misclassify their workers as independent contractors, it is harder for those workers to assert their workplace rights, including protections from wage theft, harassment and discrimination. Independent contractors are denied access to earned sick leave, Occupational Health and Safety Act protections, and are unable to form unions or collectively bargain for better wages and benefits. They also undermine responsible businesses that play by the rules and properly classify their employees.
Do agency workers get paid holiday?
Summary These regulations came into force in October and have an impact on all schools that use agencies for staff cover. Under these regulations an agency worker at your school has immediate Day One Rights and Rights after a qualifying period of 12 weeks. This 12 week qualifying period does not have to be continuous. The greatest impact to your school will be the right to comparator pay after the 12 week qualifying period. However, allowed under this regulation is the Swedish Derogation contract of employment. The agency worker would be placed on this type of contract at the request of the school where there are no funds available to meet equal pay. In return for accepting this contract the agency worker would forfeit equal pay in return for regular work from the agency. Bay Resourcing uses state of the art technology and traditional expertise to monitor, calculate and will inform you when an agency worker has completed a 12 week qualifying period.
Resources for Temporary Foreign Workers
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You should receive at least 5. In the past, some agencies tried to get round this by saying that your hourly pay rate included holiday pay and, therefore, that they did not have to give extra pay if you took leave. However, as a result of a decision by the European Court of Justice ECJ , this practice known as 'rolled-up pay' has been outlawed, and agency workers have a right to receive payment on days they take as holiday. As an agency worker , your hours and pay may vary considerably over time. In April , there was a change to the law that is used to work out the holiday and holiday pay entitlement of workers with irregular pay and hours.
Federal government websites often end in. The site is secure. There is no single definition or definitive list of workers' rights. The International Labor Organization ILO identifies what it calls "fundamental principles and rights at work" that all ILO Members have an obligation to respect and promote, which are:. The ILO has adopted — and supervises the application of — international labor conventions in each of these areas.
The framework is designed to help schools get value for money and find agencies that follow best practices in safeguarding and compliance. You can find out more about it here. This article will go into a little more detail about nominated workers — an exciting aspect of the CCS framework which gives your school the freedom of choice when it comes to who you hire.
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