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Am I entitled to know my full terms and conditions for agency work?

The terms and conditions on which it is agreed that an agency will undertake to find work for you must be confirmed in writing before any such services are undertaken. This requirement applies whether the agency is seeking temporary placements for you or is seeking to find you a permanent appointment. Once terms have been agreed and confirmed in writing, they should not be changed unless you agree to this. Any agreed changes must also be confirmed in writing within 5 working days following the day on which the changes were agreed.

Where an agency is finding temporary assignments for temporary workers, the written agreement must cover:

  • whether you are classed as an employee of the agency or a worker who is contracted for services.
  • an explicit term stating that you will be paid for all work carried out.
  • the length of notice which you are required to give, and entitled to receive, in order to terminate the contract
  • the rate of pay that will be paid, or the minimum rate of pay that the agency reasonably expects to achieve for you. This must be at least the hourly national minimum wage rate
  • whether you will be paid weekly or monthly
  • the amount of paid leave that will be given – as most agency workers will be covered by the Working Time Regulations, they should be entitled to 5.6 weeks holiday pay as a minimum.

Also, as of 11 October 2011, agency workers will have the right to the same basic terms and conditions as directly employed workers (after being in the job for 12 continuous weeks).