What are your supplementary rights?
After 12 weeks in the same position with the same employer, you have additional rights. Such extra rights are when you are pregnant, take paid time off for ante-natal appointments on the same minimum wage and working conditions as permanent workers.
When you start an assignment with a new organization, the 12 weeks begin. It will count against the 12 weeks every week you do any job. It doesn’t count if you have a week where you’re not working – unless it’s because you’re on maternity, paternity or adoption leave.
You’ll need to resume the 12 weeks again if you have a break of more than 6 weeks, unless:
- Sick or on jury duty, you’re off – You will take up to 28 weeks off.
- You take paid holidays,
- Your office shuts, such as for school holidays or Christmas
The 12 weeks will also start again if you move to a different position with the same organization or to a job with a new organization.
What counts as fundamental wages and basic working conditions?
You would be entitled to the same general terms and conditions of employment as if you were directly employed by the organisation after you have served a 12-week qualifying period in the same role with the same organisation. In a contract, these terms should be written to cover items such as the hours you work, the amount of vacation you receive, and how much money you are paid.
The terms and conditions set out in a contract could be more generous than the minimum terms and conditions to which you have a legal right. For example, if the employers you work for are entitled to 30 days of vacation a year, you will then get 30 days after you have worked for 12 weeks in the same position, instead of the basic 28 days that the law says you should have.
The items which count as fundamental terms and conditions are:
Basic remuneration. This is the salary you would get if you had been directly hired. It may also provide overtime, shift work or flexible hours allowances, contractual holiday pay, payment of bonuses or commissions, childcare or luncheon vouchers.
How many days off a week you are entitled to the amount of annual leave you get paid time off for ante-natal appointments for how long your rest breaks are during your working day.
What should I do?
If you think you may be entitled to extra privileges, but you have not been granted them by your employer, you should speak to a consultant.