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KevinOBrien  
#1 Posted : 02 November 2011 08:43:52(UTC)
Rank: Forum user
KevinOBrien

Does anyone have any thoughts on swedish derogation particularly as Ageny Workers Rights have recently been amended? The loophole although fundamentally based on agencies employing their own staff as temps to get round the 12 week ruling ( after which the agency worker gains almost full employment rights if working on the same or similar contract) means that the employment agency retains the individuals employment as the umbrella company rather than the hirer having to worry about equal pay,benefits etc after the 12 weeks. My point therefore is, where does the hirer then sit in regard to training, accidents and liabilities when the hirer is therefore not the employer- I'm interested in how others are handling this as it will make a difference to which agencies to use and possibly with reduced implications rather than heightened ones under the new AWR.
bob youel  
#2 Posted : 02 November 2011 09:26:25(UTC)
Rank: Super forum user
bob youel

All these areas should be handled in the terms and conditions of contract [betweeh the agency and hirer only and not the worker who is to do the work] prior to starting anybody; noting that H&S law is tougher than employment law in many areas and there is the 'control test' to consider
KevinOBrien  
#3 Posted : 02 November 2011 10:01:29(UTC)
Rank: Forum user
KevinOBrien

Precisely Bob. This will lead to agencies only gaining contracts if they comply with tougher requirements in reducing activities that have to be undertaken by the hirer (as is already happening). Or any training being carried out by the hirer is paid for by the agency?
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