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The Gangmasters (Licensing Conditions) Rules 2009

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Requirement to agree terms with workers

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15.—(1) Before supplying a worker to a labour user, a licence holder must agree the terms which will apply between the licence holder and the worker.

(2) The terms must include—

(a)the type of work the licence holder will find or seek to find for the worker;

(b)whether the worker is or will be supplied by the licence holder under a contract of service or a contract for services, and in either case, the terms and conditions which will apply;

(c)an undertaking that the licence holder will pay the worker in respect of work done by the worker, whether or not the licence holder is paid by the labour user in respect of that work;

(d)the length of notice of termination which the worker is obliged to give the licence holder, and entitled to receive from the holder, in respect any particular assignment;

(e)the rate of remuneration payable, or the minimum rate the licence holder reasonably expects to achieve for the worker;

(f)details of the intervals at which remuneration will be paid; and

(g)details of any entitlement to annual holidays and to payment in respect of such holidays.

(3) A licence holder must record all the terms, where possible in one document, and give the worker the written terms before the holder provides any services to the worker.

(4) Those terms may only be varied by written agreement, a copy of which must be provided to the worker as soon as possible and in any event no later than the end of the fifth working day following the day the variation was agreed.

(5) However, sub-paragraph (3) does not apply if the worker has been given a written statement of particulars of employment in accordance with Part I of the Employment Rights Act 1996.

(6) A licence holder must not make the continued provision of any services by it to a worker conditional on the agreement by the worker to any variation.

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