Agency Workers Regulations

UK: Employers can redeploy permanent employees to vacancies in priority to agency workers

Agency worker regulations provide that an agency worker has the right to be informed of any relevant vacancies in the hiring company, so as “to give that agency worker the same opportunity … to find permanent employment”. The EAT has … Continue reading

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Filed under Agency Workers Regulations, Jurisdiction: UK

Thailand: Outsourced workers’ protection

Sub-contracting arrangements have often been favoured by business operators in Thailand to address fluctuating workforce needs and reduce labour costs. In 2008, following a string of complaints by outsourced workers alleging exploitation at the hands of business operators, a new … Continue reading

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Filed under Agency Workers Regulations, Employment law reforms, Jurisdiction: Asia

Japan: New rules for dispatch workers

In Japan, arrangements whereby workers are sent by one company to work under the supervision and direction of another company are generally prohibited unless it is a “labour dispatch” pursuant to the Worker Dispatch Law.

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Filed under Agency Workers Regulations, Employment law reforms, Jurisdiction: Asia

UK: Agency workers – meaning of “temporary”

Workers supplied by an agency on an open-ended basis, rather than for a fixed term, are not covered by the Agency Workers Regulations 2010 as these apply only to those supplied on “temporary” assignments. (Moran v Ideal Cleaning Services, EAT)

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Filed under Agency Workers Regulations, Jurisdiction: UK

Asia-Pacific: Governments crack down on the use of agency and temporary workers

In the last year, we have seen governments across the Asia-Pacific region tightening their laws and regulations relating to the use of agency (dispatch) and temporary workers. At least in some cases, this is in response to a perceived over-reliance … Continue reading

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Filed under Agency Workers Regulations, Jurisdiction: Asia, Jurisdiction: Australia, Jurisdiction: Cross-border

UK: Government to review the use of “zero-hours” contracts

In late 2012 we have looked at zero-hours contracts as a possible solution to temporary staffing needs. However, last month, the Business Secretary, Vince Cable, announced a review of their use by businesses,  which will involve informal talks with various … Continue reading

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Filed under Agency Workers Regulations, Contracts of employment, Jurisdiction: UK

European Commission publishes employment and recruitment sector guide: Corporate responsibility to respect human rights

The European Commission has published guidance for the employment and recruitment sector on meeting the corporate responsibility to respect human rights under the UN Guiding Principles on Business and Human Rights (UNGPs). The guidance sets out the steps required under … Continue reading

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Filed under Agency Workers Regulations, Jurisdiction: Cross-border

China: Detailed rules on labour dispatch released

 New implementing rules re-enforce China’s desire to limit the use of dispatched staff (ie, staff engaged via a third-party labour dispatch company rather than being employed directly). New implementing rules re-enforce China’s desire to limit the use of dispatched staff … Continue reading

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Filed under Agency Workers Regulations, Jurisdiction: Asia

China: Labour dispatch services will provide less flexibility from 1 July 2013

From 1 July 2013, the use of labour dispatch services will likely be a less attractive means of maintaining a more flexible workforce. Companies taking dispatched employees will need to comply with an “equal pay for equal work” principle, and … Continue reading

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Filed under Agency Workers Regulations, Jurisdiction: Asia

UK: Are ‘zero-hours contracts’ an alternative to the use of agency workers?

In a recent survey on employment trends in 2012, the CBI reported that the increased costs and complexity brought about by the Agency Workers Regulations 2010 have resulted in more than half of companies reducing their use of agency workers and one … Continue reading

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Filed under Agency Workers Regulations, Contracts of employment, Jurisdiction: UK