In the Treaties, I say what I mean, as clearly and concisely as a tradition devoured by moths, I can be condemned. I do not use exemptions in contracts any more than obrogation. The Taylor Review of Modern Labour Practices recommended the abolition of this particular regulation. The government followed this recommendation and the Temporary Agency Workers (Amendment) Regulations 2019 removed Swedish exemptions from the 2018 Regulations on 6 April 2020. Although the Swedish derogations certainly benefit companies by reducing employment costs, they can be seen as worker exploitation. So, if you want to introduce them into your own business, you should weigh the risks of damaging your company`s reputation against potential salary savings. One of the demands is greater parity of rights for temporary agency workers through the removal of the Swedish derogation, precisely because it allows employers to reduce wage rates. It is therefore possible that Swedish exceptional contracts will expire at some point in the future. And what about the limit or another derivation? An example: you are right – from 6 April 2020, the “Swedish exemption” loophole was removed.
The AWR exists to protect all temporary workers by giving them equal rights. The Swedish derogation therefore does not fall within the scope of the AWR rules on remuneration. A non-canonical analogue of the exemption could be the granting of a zone deviation to a particular enterprise, while a general rezoning applied to all properties in an area is more analogous to the exception.