Having worked as a Temp for more than two years, through an agency, what are my rights?

Question

I have never signed a contract with the company where my agency has placed me and I have been told that after two years of being here my rights change is that true?

Answer 1

YUP. It is absolutely possible. You don't have to sign an employment contract. Employment in the majority of states is AT WILL. Also, you are a TEMP, even if you have been there for 2 years. You really don't have any rights at all, especially in an At Will state.

Answer 2

Usually after you have worked for an employer for twelve months you become a 'protected' employee and you cannot be unfairly dismissed unless their is fair reason. Unfortunately your employer is the AGENCY and not the company where you are currently placed.

Your rights are contractual rights only - you will need to refer to the document you signed when the Agency hired you. This document should outline your rates of pay, holiday entitlement and notice period.

Unfortuantely, you are in a position where they agency can terminate your employment with as little as four week's notice (or whatever period is contained in the document/contract you signed).

If you want protected rights, you would be better off terminating your "employment" with the agency and trying to find alternative employment which does not involve agency work.

After 12 months of continuous employment you cannot be unfairly dismissed, after 2 years you are entitled to redundancy pay etc so you are much better off being an employee rather than just an agency worker.

Good luck with your job hunting!

Answer 3

Your employer is the agency and you have a contract with them.

Massive grey areas that really require reworking legislatively.

You have rights but its a minefield and most unions won't consider it a priority.

My opinion agencies should be much more stringently legislated. Temporary workers in this country are being treated very unfairly in many cases and its all so big businesses can cut costs by adding flexibility to their workforce.

Removing it would not make them uncompetitive because their competitiors would be in the same position so that isn't an argument.

Answer 4

You dont really have that many rights to be honest. They can boot you out when they like. My company has just served notice on a few hundred contractors and some have been there for more than 5 years.

Answer 5

No. Who told you that? If you want a good answer, I would suggest you contact your HR folks or the agency and ask them.

Answer 6

http://www.adviceguide.org.uk/index/life/employment/contracts_of_employment.htm#agency_employees

As this is a minefield, you really do need to get proper advice on your particular case.

Answer 7

call your local citizens advice line