I read with interest the other day in Recruitment Consultant that Adecco revealed that 61% of HR professionals did not know the implementation date for the EU’s Agency Workers Regulations (AMR) also referred to as Agency Workers Directive (AWD).
Well if you are unclear I will clarify for you, following a review of the Agency Workers Regulations 2010, the Government announced in October 2010 that these new rules will be coming into force as previously drafted. The implementation date will remain 1 October 2011.
Adecco went onto say that 80% of those they surveyed said they had “no idea” what the consequences of non compliance are.
One of the main principles underpinning AWR are to give temporary agency workers equal treatment with regards to pay and working conditions after 12 weeks of service in the same assignment.
Out of 100 HR decision makers questioned, only 19% said they had a “clear” understanding, while 48% said they were “concerned” about understanding exceptions to the regulations which is a key area in which they could become non-compliant.
Astonishingly, despite these concerns, 50% of those questions state that they would not be seeking professional guidance. This is a significant piece of legislation and getting it wrong could have major resourcing, financial and legal implications. For example, failure to provide recruiters with the right information on temps’ working and employment conditions could result in a costly employment tribunal, which could have major cost and reputational consequences.
Is anyone excluded from the regulations?
As things stand, it appears that if you are “genuinely one of the following: the self-employed; those working through their own limited liability company; or those employed on Managed Service Contracts”, you will be excluded from the regulations.
If you want more information on AWR, Bar 2 have a useful article worth a read. REC have plenty to say on the matter, and there is plenty of information aroung the interweb.
Are you ready for AWR? Do you know what impact it will have on your business? We are well versed in the implications to us and our customers, so if you wanted to discuss this further with us, please feel free to call me to discuss. We are always happy to help.