E4 – Agency workers
Emergency motion
Congress notes with concern the report of 5 September 2011 that the government plans to reduce the rights that the Agency Worker Regulations introduced on 1 October this year. Congress, however, believes that the existing regulations already fall short of the legal and moral requirements that the Agency Workers Directive imposes on EU states.
The subsequently issued statements by the Recruitment and Employment Confederation (REC) on 6 and 10 September supported the review of so- called “gold-plated” provisions. The REC has produced a specific briefing document on the ‘Swedish Derogation’ advising agencies how to use this to best advantage.
Congress notes with concern in recent weeks the increasing numbers of employers, including the major supermarkets’ meat supply chain, seeking to avoid the application of equal rights for agency workers by applying ‘the Swedish Derogation’. This will allow employers, in conjunction with agency businesses, to avoid equal pay by directly employing the agency workers on contracts that may offer as little as one hour’s work per week.
Congress therefore instructs the General Council to explore grounds for a legal challenge against the UK government in respect of its failure to properly implement the spirit and the legal requirements of the Agency Workers Directive.
Mover: Unite
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We have already witnessed last week about 250 Agency Workers(all Eastern Europeans) walking out at Pratts bananas inLuton. They are being transferred from one Agency Called Response for which many have worked for upto 5 to8 yearson regular basis , some upto 40 plus hours a week, to another Agency called Red Rock. Red Rock want to reduce their hourly rate , cut overtime payments from time and half and double time to one single rate etc.
Another reason for the transfer is so Rd Rock can take advantage of Swedish Derogation, and not issue these workers contract of 12 continous weeks . This will make them eligible for ‘full’ employment rights
There is plenty of work at Pratts bananas, it is just they are not keen to offer these workers decent conditions which they are entitled to.
[...] the “Swedish” derogation caused some interest at Congress today. Reference was made to it in an Emergency Motion from Unite, who are concerned about its impact on agency workers, and indeed other workers, in the UK. So what [...]