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Thursday, 25 October, 2001, 11:11 GMT 12:11 UK
Rights for temporary workers
By BBC News Online's personal finance reporter Sarah Toyne
The Trades Union Congress (TUC) has highlighted the plight of the UK's 1.7 million temporary workers.
According to the TUC, almost half of temporary workers get paid less than permanent staff.
They also miss out on a range of benefits, such as equal pay and pensions, that are automatically given to permanent staff.
While there is some protection for temporary workers, many do not have access to sick leave or holiday pay.
So do you have any rights if you are a temporary worker?
Every worker, including those who work on a temporary basis or on a fixed-term contract, are entitled to 20 days holiday (including bank holidays) each year from their employer.
Under old rules, people could not start "earning" time-off until they had worked for 13 weeks.
However, since 25 October and following a European court ruling, workers can start earning paid leave from day one.
The rule was changed after it was argued that some bosses were trying to avoid offering paid leave by giving their workers a series of 13-week contracts.
If you work for an agency, the agency is your employer not the company who you work for on a day-to-day basis. You must claim from them.
Another right shared by all workers is that they must be paid at least the minimum wage of £3.70 an hour (£3.20 if you are 21 or under). This rises to £4.10 from 1 October 2001 if you are 22 years or older and to £3.50 an hour if you are 21 or under.
People who are required to operate heavy machinery or handle dangerous substances, should get proper training if this is a legal requirement.
Workers must also not be discriminated against because of their race, sex, or a disability.
Under European "Working Time" regulations, you will not be entitled to work more than 48 hours each week unless you have agreed to do so.
The situation is not so good for temporary workers who are pregnant.
Katie Wood, information officer of the Maternity Alliance, says: "We have always had a lot of enquiries about agency workers. Some agencies are very good and they know that they are entitled to maternity pay.
"But maternity rights are very complicated to work out."
The rules mean that women who are temporary workers can get maternity pay, but they are not entitled to maternity leave.
This is because there is no obligation for the company they are working for under a short-term contract to give them 18 weeks statutory leave and keep the job open for them.
Instead, they must leave the company, and then return to look for new work once they have had their baby.
However, if you are an agency worker and paid through the payroll, you should qualify for maternity pay from your agency.
You must have earned more than the lower earnings limit of £72 a week, and have been working for the same employer for 26 weeks by the 15th week before your baby is due.
You will then be entitled to 18 weeks' maternity pay.
For the first six weeks this will be at 90% of your average earnings and then a flat rate payment of £62.50 for 12 weeks.
If you do not qualify for statutory maternity pay but fulfil the conditions for maternity allowance, you must claim from the Department for Work and Pensions.
You can claim a maternity allowance from the DWP if you have paid 26 weeks National Insurance contributions (Nics) in the 66 weeks before the expected week of birth.
You must tell your agency and the company where you work in writing that you are pregnant, but they can not sack you because of this reason.
Some companies provide paid paternity leave schemes, but there is no obligation for employers to do so.
But if you have been working for your employer for at least one year, parents have the right to take up to 13 weeks' unpaid leave per child up until its fifth birthday.
You can only take it in one-week blocks, with no more than four weeks off in anyone year for any one child.
The right applies to parents of children under five years old on 15 December 1999.
From 2003, employed fathers are expected to have two weeks' paid paternity leave at a flat rate of £100 a week.
You can claim unfair dismissal if you have worked continuously for the same company for one year.
However, there are about 20 caveats or loopholes for people who do not meet this criteria, which can help temporary workers.
These include pregnancy or if your boss is unwilling to provide an itemised payslip.
The criteria are outlined in (PL712 Rev 16) on the Department of Trade and Industry's website.
Pay, pensions and sick pay
Temporary staff are not entitled to equal pay or pensions as those offered to permanent staff.
The TUC wants the government to include these benefits within a European Union directive, the Fixed-term Contracts Direct, which it must introduce by next year.
Everyone is entitled to statutory sick pay (SSP) if they have been contributing towards national insurance and have been sick for at least four days in a row including weekends and bank holidays.
However, the rates are paltry in comparison to full pay offered to permanent staff you are working alongside.
If you require further information about your rights at work, contact:
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