Agency Workers: Derogation or the Swedish Model

Suspect that this is the only sexy headline opportunity in the very dry world of the Agency Workers Regulations.

It is a system used in Sweden (sorry to disappoint you) and the government intends to use the derogation right under Article 5.2 to permit derogation contracts subject these key conditions.

1. The agency worker has a permanent contract of employment with the agency
2. The contract was entered into before the first assignment was made and includes written term, the pay rate, the method of calculating remuneration, location of the initial contract, the type of work, the expected hours of work (including the minimum of one or more and the maximum numbers of hours)
3. Between assignments the agency pays the worker the "minimum amount" and takes reasonable steps to seek a suitable new assignment for the worker and, if a suitable assignment is available, gives the worker the opportunity to be put forward to another hirer.
4. The sting in the tail is that the "minimum amount" must be at least 50% of the workers basic pay while on assignment. However, it can not be less than the national minimum wage (£5.80 an hour for workers 22 and upwards)

There may be some scope here for agencies workers and hirers to enter into long term relationships that will continue with the flexibility that is associated with the temporary worker market place.