# The Posted Workers (Agency Workers) Order (Northern Ireland) 2020, Note: Explanatory note


(This note is not part of the Order)
This Order implements provisions of Directive 2018/957/EU of the European Parliament and of the Council of 28 June 2018 (OJ L 173, 9.7.2018) amending Directive 96/71/EC of the European Parliament and of the Council concerning the posting of workers in the framework of the provision of services (OJ 18, 21/01/1997) (“the Directive” and “the Posted Workers Directive” respectively). This Order implements the Directive by modifying the Agency Workers Regulations (Northern Ireland) 2011 (“the 2011 Regulations”). The 2011 Regulations implement Council Directive 2008/104/EC of 19 November 2008 on temporary agency work (OJ L 327, 5.12.2008, p.9) (“the Agency Workers Directive”). The Agency Workers Directive establishes a general framework for protection of temporary agency workers.
Article 2(1) modifies the 2011 Regulations by requiring a hirer that proposes to post an agency worker for a limited period to a member State to inform the temporary work agency of the location and proposed start date of the posting a reasonable time before the posting is due to commence.
Article 2(4) modifies the 2011 Regulations to enable a temporary work agency to bring a claim in the Industrial Tribunal against the hirer to recover any losses the temporary work agency may suffer as a result of a penalty imposed by a member State for failure to comply with the provisions of the Directive or the Posted Workers Directive. It also prevents a temporary work agency from bringing such a claim if it is pursuing such losses through other civil proceedings.
Article 3 modifies the Industrial Tribunals (Northern Ireland) Order 1996 to enable early conciliation of claims brought pursuant to the modified regulations.
Article 4 expires the modifications made to the 2011 Regulations and Industrial Tribunals (Northern Ireland) Order 1996 on IP completion day (the day on which the transition period for withdrawal by the UK from the European Union is complete), and these two enactments revert to the text that was in force in each respectively without the modifications made by Articles 2 and 3. Article 4 also makes a saving provision to allow a temporary work agency to continue to pursue a claim, or conciliate one, after IP completion day, where a breach of regulation 13A of the 2011 Regulations occurs prior to IP completion day.
Copies of a transposition note and the Explanatory Memorandum are available alongside the statutory rule on www.legislation.gov.uk. A full impact assessment has not been produced as no, or no significant, impact on the private, voluntary or public sector is foreseen.

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Source: https://www.legislation.gov.uk/nisr/2020/251/note (the official version)
Page: https://openlegislation.uk/posted-workers-agency-workers-order-northern-ireland-2020/note
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.