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AWR Agreement: Understanding Your Rights and Obligations as an Agency or Client

The AWR Agreement stands for the Agency Workers Regulations Agreement, which is a set of regulations established by the UK government. The AWR Agreement is designed to protect agency workers from unfair treatment and to ensure that they receive equal treatment in terms of pay, working hours, and other employment conditions as compared to direct employees.

If you are an agency supplying temporary staff to a client, it is essential to understand the AWR Agreement and to ensure that you comply with its requirements, as well as to communicate these requirements to your client.

One of the key requirements of the AWR Agreement is that agency workers are entitled to receive the same basic working and employment conditions as direct employees after they have been in their position for 12 weeks. This includes pay, working hours, holidays, and other benefits. While there are some exceptions, these are limited and should not be relied upon by employers as a way to avoid complying with the regulations.

Clients and agencies should have a clear understanding of their obligations under the AWR Agreement. Agencies must provide their clients with information on the AWR Agreement and keep detailed records of their agency workers’ work history and conditions. Clients must also provide agencies with all the relevant information about their working conditions, including pay, holidays, working hours, and other benefits.

The AWR Agreement also includes provisions for the “Swedish Derogation” model, which allows for agency workers to be paid differently from direct employees even after 12 weeks of employment. Under the Swedish Derogation model, agency workers are given a permanent contract of employment with the agency and are paid between assignments, which includes a minimum level of pay if they are not offered work.

However, it is important to note that there are specific rules and requirements that must be followed if an agency wishes to use the Swedish Derogation model. In particular, it must be clear to the agency worker that they are being offered such a contract, and the terms and conditions must be agreed upon in advance.

In conclusion, the AWR Agreement is an essential set of regulations designed to protect agency workers from unfair treatment. Agencies and clients should understand their obligations under the agreement to ensure that they comply with its requirements. By doing so, they can create a fair and transparent working environment for both direct employees and agency workers.