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The Gangmasters (Licensing Conditions) Rules 2009

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Provision of information to workers and labour users

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20.—(1) A licence holder must ensure that at the same time as the holder supplies or proposes to supply a particular worker to a labour user, the holder—

(a)gives to the labour user the information about the worker obtained in accordance with paragraph 18; and

(b)informs the worker whether the worker will be supplied under a contract of service or a contract for services;

(2) A licence holder must ensure that at the same time as it offers a worker a position with a labour user—

(a)the holder gives to the worker (orally or otherwise) all information it has been provided with under paragraph 17; and

(b)if a rate of remuneration has not been agreed with the labour user, the holder informs the worker (orally or otherwise) of the rate of remuneration it will pay the worker to work in that position.

(3) Where any of the information referred to in sub-paragraph (1) was given orally, the licence holder must afterwards provide it in writing as soon as possible and in any event within three working days.

(4) Sub-paragraph (1) does not apply where—

(a)the worker has performed the same type of work with the labour user during the previous five working days, and

(b)the information required is the same as the information which the worker and labour user have already received,

unless the worker or labour user request otherwise.

(5) Subject to sub-paragraphs (4) and (6), where a licence holder intends to introduce or supply a worker to a labour user for an assignment of five consecutive working days’ duration or less—

(a)sub-paragraph (1)(a) may be satisfied by the holder giving to the labour user (orally or otherwise) the name of the worker to be supplied and a written confirmation by the holder that the holder has complied with paragraph 18; and

(b)sub-paragraph (1)(b) may be satisfied, where the holder has previously provided the worker with the information referred to under that sub-paragraph and that information remains unchanged, by the employment business giving to the worker in writing the information referred to in paragraph 17(a) and (b).

(6) Where, after it has started, an assignment to which sub-paragraph (5) applies is extended beyond a duration of five working days, the information referred to in sub-paragraph (1) which has not already been provided must be provided in writing by the end of the eighth working day of the assignment, or by the end of the assignment if sooner.

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