Rights of Agency Workers
Agency workers have the same rights as the other “workers”.
Agency workers with “between-jobs” contracts have the same rights as “employees”.
Furthermore, agency workers are entitled to a written declaration setting out terms and conditions before beginning any work.
An agency cannot:
Charge workers a fee just because they found them a job or for putting them on their list.
Insist that a worker buys other products or services, such as drawing up a CV, training or individual protection, as a condition for using their services to find a job.
Keep back the worker’s wages simply because it did not receive payment from the company where such worker worked, or because he or she cannot present a signed time sheet. It is the agency’s responsibility to define the hours that the worker actually worked.
Agency Workers: Accidents at the workplace
Agencies have the duty to find out what health and safety risks exist at the workplace and are known by the organisation that hires the agency worker and what measures taken to prevent or control such risks.
They must check whether the organisation made a full assessment of the health and safety risks and guarantee that the workers know the situation before placing them in the organisation.
Agency Workers: equal treatment
From their first day at work, agency workers have the right to:
Access the same installations as the permanent staff
The same possibilities to apply for in-house vacancies as the permanent staff.
Provided that the agency workers have worked in the same function in an organisation for 12 weeks, they are entitled to:
Be paid the same as the permanent staff (unless they are tied to a “paid-between-jobs” contract, see below)
The same holiday rights as the permanent staff
The same rights to working hours as the permanent staff
“Payment between jobs” contracts
Agency workers who are hired with “payment-between-jobs” contracts are entitled to the same payment even after 12 weeks working for an agency.
Individuals only lose equal pay if their contract:
Is “permanent” and not a short-term contract
Establishes the minimum wage they will receive
Says where they are expected to work
Establishes the hours that they will work, declares the type of work expected of them
Furthermore, the agency worker is entitled to be paid between jobs when he or she does not work.