Removal of Swedish Derogation from 6 April 2020

Removal of Swedish Derogation from 6 April 2020

From 6 April 2020, the Swedish derogation (under which agencies can currently avoid paying agency workers the same rate of pay as comparable permanent workers, provided the workers are paid between assignments) will be abolished. This means that all agency workers will have a right to pay parity after 12 weeks, irrespective of whether they are paid between assignments. 

By no later than 30 April 2020, temporary work agencies must give agency workers, who currently have a Swedish derogation provision in their contract, a written statement confirming that the derogation no longer applies and that they will be entitled to rights relating to pay after the qualifying period.

Also from 6 April 2020, temporary work agencies must provide agency worker-seekers with a key information document before agreeing the terms by which the individual will undertake work. The document must be titled “Key Information Document” and be written in a clear and succinct manner, presented in a way that is easy to read and be a maximum of two sides of A4-sized paper. It must include information such as the worker’s status, the type of contract, rate of remuneration, how and by whom the worker will be paid, and their holiday entitlement.  

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