Step 3

How to comply – what it looks like in practice

STEP 3 – Work in Partnership to set and agree Standards

The labour provider and labour user should work together to agree:

1. Contractual Terms and Conditions

This is the legal agreement that governs the terms of supply. The labour provider is required under GLA Licensing Standard 7.4 to send the labour user their terms and conditions before an assignment. Labour users should read these and respond accordingly as, unless you specifically object to or query them, your agreement is considered to be implied.

The ALP makes a model template terms and conditions labour provider/labour user contract available to its members.

2. The “Service Level Agreement”

This is a not a legal agreement but is a procedural document that details the operational processes that will apply in the supply of labour. It outlines the services, processes and standards in relation to the provision of temporary workers by the Labour Provider.

The Service Level Agreement (SLA) should identify the roles to be filled by agency workers, responsibility for training and managing agency workers and the process for communicating daily and weekly requirements.

In the GLA Good Practice Guide for Labour Users it recommends that the SLA with your labour provider contains:

• a minimum payment period for workers if they turn up to work and are no longer needed

• detailed charge rates

• payment agreement between the labour provider and labour user and confirmation that workers will be paid

• notification of any subcontracting if you allow it

• prompt notification by the labour provider of any change of their address

• written agreement on responsibility for health and safety

The key elements of this agreement to include regarding health and safety are that:

• Responsibility for the health and safety of workers whilst on your site is clearly allocated. Typically this tends to rest with you, the Labour User, as workers are under your control and instruction and are covered by your insurance when they are on your site.

• Risk assessments and controls are in place with regard to agency workers to ensure a safe place and system of work

• Responsibility for delivery of and content of health and safety training for agency workers has been set out and this reflects what actually happens in practice

• Provision is made for workers whose first language is not English to ensure they understand training and instructions

The ALP provides a model “Service Level Agreement” to delegates on its “Complying with the GLA Standards” training workshop.

Now take the next step through: Agency Labour.

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