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umbrella companies and AWD

  • 25-11-2012 7:58pm
    #1
    Dozo
    Registered Users, Registered Users 2 Posts: 16 ✭


    Hi,

    After a few months of the enactment of the Agency Workers Directive (AWD) maybe some of you might have this more clear now.
    I am working for as an IT specialist through an agency. I get paid through an umbrella company but I choose to be classified as a PAYE worker in order to build up 'stamps' in case I am out of work.
    The work I do within the hirer company is clearly under their directive and as such I am not really self employed.
    I have not taken any holidays since may 2011 as this would have a too big impact on my weekly income. My payslip does not mention anything about a holiday entitlement build up. Would this type of situation fall under the AWD and would I be entitled to missed holidays since 5-12-2011 ? Who will be responsible ?
    Thanks.


Comments

  • #2
    Paul campbell
    Registered Users, Registered Users 2 Posts: 1 ✭Paul campbell


    Hi Dozo,

    I presume you are working in UK? If you are at the outset when you decided to become an employee of the Umbrella (they employ you not the agency or host company where you work day to day), you have the full rights of any permanent employee under the UK Employment laws this includes Sick pay, paternety pay, holiday pay ect and after 12 weeks working there the same pay and conditions as a full time employee of the host company. Your pay slip should detail your holiday pay in one of two ways depending on how you at the outset of working for them decided to do. Option one you accrue all holiday pay so when you take holiday you will be paid just like any other employee this must be detailed on the pay slip. Option two you decided to take the holiday pay every week/month (depending when you are paid) so to boast your take home pay, but you will have nothing when you take holiday.

    [Self promotion deleted ]

    MOD NOTE: as per boards.ie policies and W&J charter - please do not sign up here to promote your business

    Also - readers should note that the above advice appears to be UK specific: it may not apply in Ireland.


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