Agency Worker Regulations (AWR)

Agency worker regulations is an EU directive designed to protect the working and employment conditions of contractors, freelancers and temporary workers.  AWR affects anyone working through a recruitment agency who is under the direct supervision and control of the hirer, and anyone working through their own company deemed to be inside IR35.  The legislation is designed to give workers rights equal to those of permanent employees in comparable positions.

Some rights come into effect from day 1, some from 12 calendar weeks after starting, no matter how many hours have been worked.  Day 1 rights are generally access to the same collective facilities enjoyed by permanent employees such as canteen, childcare, food/drink machines etc.  Additionally, from day 1 agency workers are entitled to information regarding permanent vacancies.

After a qualifying period of 12 weeks, the worker is entitled to the same basic working and employment conditions as if they had been hired directly.  This includes equal pay including holiday, bonuses, commission, and equal working time, rest breaks, annual leave etc.