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Agency Workers Directive passed - are contractors included?

Published on Oct 25, 2008

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The controversial Agency Workers Directive has been passed, unamended, by the European Parliament. The Directive will ensure that temps will be given the same rights as permanent employees after 12 weeks of employment.

Although the UK secured a 12 week qualifying period before full rights are granted, other European states will provide equal rights from the time employment starts, unless they agree country-specific lead in periods.

The Professional Contractors Group said it wants to see a "period of calm reflection" following news of the vote. It is still not clear whether the "workers" covered by the Directive will include the UK's 1.4 million freelancers and contractors.

"It won't be clear exactly what the Directive means for the UK's freelancers until it is implemented in the UK next year," commented PCG's MD John Brazier. "But what we now know is that the text of the Directive has been approved by both the Parliament and the Council, and should not now change."

"The government can satisfy the terms of this Directive without including freelance workers within scope," concluded Mr Brazier. "We will be working with them to ensure the end result is workable."

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