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Q. Does the Act apply to Permanent Agency Workers?

Yes, however, the Act provides that where an agency worker is employed under a 'permanent contract' with the Agency and is paid between assignments the principle of equal treatment does not apply but only in respect of pay.  The principle of equal treatment applies to all other basic working and employment conditions.  There are several conditions which must be met before equal treatment in respect of pay does not apply, namely;

  • The agency worker must be an employee of the agency;
  • The agency worker must have a permanent contract of employment with the agency;
  • The contract must have been given to the agency worker before the start of the first assignment; and
  • The agency must pay the agency worker between assignments at the rate of no less than half of the pay to which he/she was entitled in respect of his/her most recent assignment and no less than the minimum wage.


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