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Agency vs employed drivers

20th January 2011
Page 24
Page 24, 20th January 2011 — Agency vs employed drivers
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Which of the following most accurately describes the problem?

I employ agency drivers on a regular basis: how do the statutory terms and conditions differ from those of my employed drivers?

The main provisions of the new Agency Workers Regulations 2010 (AWR) are due to come into force in October 2011 Key points are: II Agency workers will be entitled to only the same basic terms and conditions as those directly employed by the user employer; 110 There is a 12-week qualifying period before this entitlement comes into effect; • Basic terms and conditions include basic salary, contractual leave that exceeds statutory leave, overtime 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). It does not include contractual sick pay scheme, contractual notice or redundancy pay, or occupational pension contributions. Contractual maternity/paternity/parental leave in excess of statutory entitlement is also excluded.


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