Temporary Workers' Protections

Safeguarding Temporary Workers’ Protections in the UK

Welcome to our article on Safeguarding Temporary Workers’ Protections in the UK. In this article, we will explore the rights and regulations surrounding temporary workers’ protections, ensuring their fair treatment and access to the same employment rights as permanent employees. Temporary workers play a vital role in many industries, and it is crucial to uphold their rights and ensure their well-being throughout their employment.

Key Takeaways

  • Temporary workers in the UK have the same employment rights as permanent employees.
  • After 12 weeks in a job, temporary workers qualify for equal treatment, including equal pay, automatic pension enrollment, and paid annual leave.
  • Agency workers are entitled to certain benefits from their agency, such as equal treatment in accessing shared facilities and services.
  • Temporary workers are entitled to maternity rights if they become pregnant while working.
  • The 12-week qualifying period for equal treatment is counted from the first day of work, and certain types of leave do not count towards this period.

Now that we have covered the key takeaways, let’s dive deeper into the protections and rights of temporary workers in the UK.

What Your Agency Must Give You

As an agency worker, you have certain employment rights that your agency must provide from the very start of your work. These rights ensure fair treatment and protect you in the workplace. Additionally, as an agency worker, you are entitled to equal treatment when it comes to accessing shared facilities and services provided by your employer.

Shared facilities and services can include a variety of resources and amenities that contribute to your overall well-being and productivity at work. Some examples of these shared facilities and services may include:

  • A canteen or cafeteria where you can enjoy meals and take breaks
  • Childcare facilities that support working parents
  • Transportation services to make commuting easier

By providing access to these shared facilities and services, your agency ensures that you have equal opportunities and support in the workplace, promoting a positive and inclusive working environment for everyone.

“Equal treatment in terms of access to shared facilities and services is crucial for ensuring a level playing field and fostering a sense of belonging and fairness among agency workers.”

It’s important to note that agencies are also required to comply with any regulations related to fees charged to agency workers. These regulations aim to prevent unfair practices and ensure transparency in the financial aspects of your employment through the agency.

In summary, it’s essential to know your rights as an agency worker, including equal treatment in accessing shared facilities and services. These rights not only contribute to your well-being but also promote a harmonious and inclusive work environment.

Benefits of Employment Rights Shared Facilities and Services Regulations on Fees
Protects your rights in the workplace from day one Access to facilities like canteens, childcare, and transportation Compliance with regulations and transparency in fees
Ensures fair treatment and equal opportunities Promotes a positive and inclusive work environment Prevents unfair practices in financial aspects
Supports your overall well-being and productivity Fosters a sense of belonging and fairness Ensures transparency in agency fees

By upholding these rights and providing access to shared facilities and services, agencies play a vital role in safeguarding the interests and well-being of agency workers across various industries.

Maternity Rights

As temporary workers, it’s important to know that you have maternity rights if you become pregnant while working. We understand that this is a significant and exciting time in your life, and we want to ensure that you have the support you need during your pregnancy, childbirth, and beyond.

Maternity rights for temporary workers include time off for pregnancy, childbirth, and up to 26 weeks after childbirth. This allows you to focus on your health and the well-being of your baby without worrying about work commitments.

It’s worth noting that the 12-week qualifying period for equal treatment continues through your time off for pregnancy, paternity, or adoption. This means that even if your leave exceeds 12 weeks, you will still qualify for equal treatment upon your return to work. We want to make sure that you are treated fairly and have the same rights as other employees.

Maternity Rights Summary:

  1. Time off for pregnancy, childbirth, and up to 26 weeks after childbirth.
  2. Equal treatment during the 12-week qualifying period, including pay and benefits.
  3. Equal treatment upon returning to work, even if the leave exceeds 12 weeks.

At our company, we value the well-being of our temporary workers and understand the importance of a supportive environment during such an important phase of life. We encourage you to take advantage of your maternity rights and reach out to us if you have any questions or need further information.

maternity rights

How to Count Your 12 Week Period

When determining your 12-week qualifying period for equal treatment, it’s important to understand the rules and factors involved. Here’s what you need to know:

Counting the Weeks

The 12-week qualifying period is calculated from the first day of your work as a temporary worker. It doesn’t have to be 12 consecutive weeks; the count includes non-consecutive working weeks as well.

Leave Types

Not every type of leave is considered when counting the 12-week period. Here’s a breakdown:

  • Sick Leave: Certain types of sick leave count towards the qualifying period. However, specific days on sick leave do not count. Make sure to check with your employer or agency to determine which sick leave qualifies.
  • Breaks: Regular breaks, such as lunch breaks or rest periods, are not counted towards the 12-week period.
  • Annual Leave: Paid annual leave, also known as vacation leave, is counted towards the qualifying period.
  • Pregnancy Leave: Time off for pregnancy, paternity, or adoption is counted towards the 12-week period. This ensures that temporary workers who take leave for these reasons still qualify for equal treatment upon their return.

It’s important to note that the exact rules and regulations around leave types may vary, so it’s always best to consult your employer or agency to understand how they apply in your specific situation.

Example Scenario

Here’s an example to illustrate how the 12-week qualifying period works:

Week Status
Week 1 Start of work
Week 2 Working
Week 3 On annual leave
Week 4 Working
Week 5 On sick leave (qualifies)
Week 6 Working
Week 7 Working
Week 8 On annual leave (qualifies)
Week 9 On maternity leave (qualifies)
Week 10 On maternity leave (qualifies)
Week 11 On maternity leave (qualifies)
Week 12 On maternity leave (qualifies)
Week 13 Return to work – qualifies for equal treatment

In this example, the temporary worker qualifies for equal treatment because they completed the 12-week qualifying period, even though the weeks were not consecutive and included various types of leave.

counting 12-week period image

Counting your 12-week period correctly ensures that you receive the equal treatment and rights entitled to you as a temporary worker. It’s essential to keep track of your work weeks, adhering to the rules regarding sick leave, breaks, annual leave, and pregnancy leave.

Risks of Exploitation in Temporary Migration Programs

Migrant workers participating in temporary migration programs, including those in the United Kingdom, face significant risks of exploitation. These programs often bind workers to a specific employer or labor provider for the duration of their stay, leaving them vulnerable to various forms of abuse and limiting their access to essential social benefits. The nature of these programs, with their employer-specific ties, exposes migrant workers to exploitation and hinders their ability to escape from exploitative situations.

Temporary migration programs are implemented in multiple countries, including the United Kingdom, as a means to address labor shortages and fill temporary job positions. While they have their intended purpose, these programs can inadvertently create an environment that facilitates the mistreatment and exploitation of migrant workers.

Migrant workers in these programs often find themselves in precarious situations where their basic worker’s rights may be compromised. The conditions imposed by these programs can include long working hours, low wages, unsafe working conditions, and little to no job security. In addition, the limited duration of their stay and the restrictions placed on their employment options can make it difficult for workers to assert their rights or seek help.

Migrant workers may face various exploitation risks, such as:

  • Forced labor or modern slavery
  • Wage theft and underpayment
  • Unsafe working conditions
  • Lack of access to social benefits
  • Restrictions on freedom of movement

Implications for Worker’s Rights

The exploitation risks posed by temporary migration programs have significant implications for migrant workers’ rights. These workers often face barriers in asserting their rights and may be unaware of their entitlements or legal protections. The power dynamics inherent in these programs, with employers having control over workers’ immigration status, can further deter workers from reporting abuses or seeking redress.

Exploitation in temporary migration programs not only violates the fundamental principles of human rights and labor rights but also undermines the integrity of fair and ethical work practices. It is essential to address these risks and protect the rights of migrant workers to ensure a just and inclusive society.

Industry and Government Responsibilities

The responsibility for safeguarding worker’s rights in temporary migration programs lies with both industry stakeholders and government bodies. Businesses that employ migrant workers should adhere to ethical recruitment practices, ensure fair working conditions, and provide access to essential benefits. Government agencies, on the other hand, should establish robust regulations that protect migrant workers from exploitation, enhance monitoring mechanisms to detect and prevent abuses, and promote transparency and accountability within temporary migration programs.

Collaborative efforts between industry, government, and civil society organizations are crucial to address the risks of exploitation and protect the rights of migrant workers. By working together, stakeholders can develop comprehensive solutions that uphold the principles of dignity, fairness, and justice for all workers.

exploitation risks in temporary migration programs

Government Initiatives and Policy Changes

The UK government has a role to play in strengthening protection measures for migrant workers in temporary migration programs. It should consider policy changes that empower workers, promote their rights, and address the vulnerabilities associated with these programs. Key concerns that should be addressed include:

  • Enhancing worker mobility within temporary migration programs
  • Ensuring access to social benefits and support services
  • Strengthening oversight and enforcement mechanisms
  • Improving transparency and information provision for migrant workers

Migrant Worker Support and Advocacy

Support and advocacy organizations play a critical role in offering assistance to migrant workers and raising awareness about their rights. These organizations provide valuable resources, advice, and guidance to help workers navigate the complexities of temporary migration programs and ensure their rights are protected. They also advocate for policy changes and support initiatives aimed at promoting fair and ethical practices in labor migration.

It is important for migrant workers to be aware of their rights, understand their legal protections, and seek support when facing exploitation or abuse. Establishing strong networks and channels of communication can help overcome the isolation and fear that often accompany working in temporary migration programs.

In the next section, we will delve into the specific implications of temporary migration programs in the United Kingdom and the risks of exploitation associated with programs such as the Seasonal Worker Scheme and the Overseas Domestic Worker Visa.

UK Temporary Migration Programs and Risks of Exploitation

Temporary migration programs in the UK, such as the Seasonal Worker Scheme and the Overseas Domestic Worker Visa, have been linked to increased risks of exploitation for migrant workers. These programs often restrict workers’ ability to change employers, limit their choice of sector or geographical location, and create dependencies on employers for accommodation.

NGOs and experts have identified specific risks associated with these programs, including debt bondage, deception in recruitment, barriers to changing jobs or sectors, and lack of access to information about rights or support.

“Temporary migration programs can put migrant workers at greater risk of exploitation due to various factors such as limited mobility, dependency on employers, and inadequate awareness of their rights and options.” – Jane Morris, Migration Rights Advocate

UK temporary migration programs

Risks Associated with UK Temporary Migration Programs

Exploitation Risks Examples
Debt Bondage Workers being trapped in debt due to recruitment fees, reducing their ability to assert their rights.
Deception in Recruitment Misleading or false promises made during the recruitment process, exploiting workers’ vulnerabilities.
Barriers to Changing Jobs or Sectors Restrictions on workers changing employers or sectors limit their opportunities and reduce bargaining power.
Lack of Access to Information and Support Workers being unaware of their rights, support services, or avenues for reporting exploitation.

These risks highlight the need for stronger safeguards and improved support mechanisms for migrant workers in temporary migration programs.

Responses to Safeguarding Risks by the UK and Scottish Governments

When it comes to addressing the safeguarding risks associated with temporary migration programs, the UK government has faced criticism for not taking significant steps. Despite concerns raised by independent experts and non-governmental organizations (NGOs), the government has continued to expand the Seasonal Worker Scheme and the Overseas Domestic Worker Visa.

On the other hand, the Scottish government, while lacking the authority to make changes to immigration and visas, has shown a commitment to fair work and protecting workers’ rights. By 2025, they aim to become a “leading Fair Work nation” and support migration policies that prevent exploitation and abuse.

Although both governments operate within different frameworks, their responses to safeguarding risks in temporary migration programs have diverged. While criticisms have been directed towards the UK government, the Scottish government seeks to create a fairer and more equitable environment for workers.

The UK Government’s Approach

“Expanding the Seasonal Worker Scheme and the Overseas Domestic Worker Visa without addressing the safeguarding risks raises concerns about the level of protection provided to temporary workers.” – Independent Expert

The UK government’s decision to continue expanding the Seasonal Worker Scheme and the Overseas Domestic Worker Visa has drawn criticism from experts and NGOs. This expansion without addressing the safeguarding risks raises concerns about the level of protection provided to temporary workers. Despite these concerns, the government has yet to take significant action to mitigate risks and ensure the fair treatment of temporary workers.

The Scottish Government’s Commitment

While the Scottish government lacks the authority to make changes to immigration and visas, they have made a strong commitment to fair work and protecting workers’ rights. Their aim to become a “leading Fair Work nation” by 2025 demonstrates their dedication to creating a more equitable environment for workers. The Scottish government supports migration policies that prioritize the prevention of exploitation and abuse, despite the limitations they face in implementing these policies directly.

In summary, the responses to safeguarding risks associated with temporary migration programs differ between the UK and Scottish governments. While the UK government has faced criticisms for expanding such programs without addressing the risks, the Scottish government is committed to fair work and protecting workers’ rights, although they face limitations in directly influencing immigration and visa policies.

We, as advocates for temporary workers’ protections, believe it is essential for both governments to prioritize safeguarding risks and take necessary actions to ensure the well-being and rights of temporary workers across the country.

UK Government Scottish Government
Expanding Seasonal Worker Scheme and Overseas Domestic Worker Visa without addressing safeguarding risks Commitment to fair work and protecting workers’ rights
Criticisms from experts and NGOs Aim to become a “leading Fair Work nation” by 2025
Lack of significant action to mitigate risks Support for migration policies preventing exploitation and abuse

We believe that by working together, both the UK and Scottish governments can create stronger protections for temporary workers and ensure their well-being and rights are safeguarded.

Industry Efforts to Safeguard Temporary Workers’ Protections

In response to concerns about the exploitation risks faced by migrant workers in seasonal work, a collaborative effort has been initiated by industry trade bodies, retailers, growers, recruiters, and non-profits. Together, they have established the Seasonal Workers Scheme (SWS) Taskforce in the UK.

The SWS Taskforce aims to improve the recruitment and employment practices for migrant workers, with a specific focus on safeguarding their rights and well-being. Working closely with government departments, the taskforce is dedicated to enhancing workers’ access to information and communication, improving recruitment procedures, addressing unfair recruitment fees, and ultimately improving the overall earnings of temporary workers.

The taskforce is comprised of over 50 organizations, representing various sectors and interests. This includes retailers, growers, trade associations, and migrant worker community organizations. By bringing together diverse stakeholders, the taskforce benefits from a broad range of perspectives and expertise, ensuring comprehensive and effective solutions are developed to address the challenges faced by temporary workers.

Key Objectives of the SWS Taskforce:

  • Enhancing workers’ access to information and communication
  • Improving recruitment practices
  • Addressing unfair recruitment fees
  • Improving overall worker earnings

By actively collaborating and sharing best practices, the SWS Taskforce aims to create a stronger and more sustainable system for the recruitment and employment of temporary workers. These joint efforts will contribute to safeguarding the rights and well-being of migrant workers, cultivating a fair and inclusive environment for all.

“We believe that by collaborating and working together, we can make a meaningful difference in the lives of temporary workers, ensuring their rights and protections are upheld throughout their employment.” – Taskforce Spokesperson

The image above illustrates the united effort of industry stakeholders, retailers, growers, recruiters, and non-profits in safeguarding the rights and protections of temporary workers.

The Importance of Collaboration in Safeguarding Temporary Workers’ Protections

In our commitment to safeguarding the rights and well-being of temporary workers, collaboration plays a crucial role. By working together, we can drive progress on business and human rights, ensuring that no worker is left vulnerable or exploited.

One organization that stands out in this effort is Stronger Together, a not-for-profit organization dedicated to countering modern slavery through collaboration. They have taken on the vital role of Secretariat for the Seasonal Workers Scheme Taskforce, a diverse coalition of organizations committed to safeguarding the rights of migrant workers. As the coordinator of this taskforce, Stronger Together ensures that the collective efforts are aligned and impactful.

This collaboration extends beyond Stronger Together. We are proud to have the support of two influential organizations: the Food Network for Ethical Trade and the British Retail Consortium (BRC). These esteemed organizations recognize the importance of collaboration in improving seasonal worker welfare and enhancing supply chain practices. Together, we work towards establishing ethical and sustainable standards within the industry.

Empowering Temporary Workers through Collaboration

Collaboration allows us to combine our knowledge, expertise, and resources to develop comprehensive solutions that address the complex challenges temporary workers face. Through collective efforts, we can ensure that temporary workers receive fair treatment, protection, and support.

“Collaboration is the key to building a future where every temporary worker is well-cared for and their rights are safeguarded.” – Stronger Together

Organizations Committed to Safeguarding Temporary Workers’ Rights

Organization Mission
Stronger Together Countering modern slavery and improving the welfare of workers through collaboration
Food Network for Ethical Trade Promoting ethical practices and responsible sourcing in the food industry
British Retail Consortium (BRC) Supporting and representing the retail industry, promoting responsible business practices

Through collaborative efforts, we can create a stronger and more resilient system that safeguards temporary workers’ protections. By working together, we can drive positive change and establish fair work practices within the industry. Let us continue to collaborate, advocate, and empower temporary workers to ensure their rights are protected.

Call for Action to Strengthen Temporary Workers’ Protections

Various organizations, including the Independent Anti-Slavery Commissioner (IASC), have made a resounding call for strong safeguards and enhanced protections for temporary workers in the UK. The distressing risks of exploitation and abuse faced by workers on temporary migration programs underscore the pressing need for immediate action to eliminate labor exploitation. It is our collective responsibility to ensure that temporary workers are adequately protected, their dignity is upheld and their rights are safeguarded.

We, as a society, must advocate for crucial reforms that fortify worker protections and create fair and secure working conditions. The recommendations put forth by experts and advocates include:

  1. Allowing temporary workers the freedom and flexibility to change employers, preventing situations where they are trapped in exploitative work environments.
  2. Providing comprehensive support to empower workers in exercising their rights, including access to information and resources.
  3. Ensuring access to justice by implementing effective mechanisms to address complaints and enforce labor laws.
  4. Establishing fair working conditions that prioritize the well-being and safety of temporary workers, protecting them from all forms of exploitation.
  5. Collaborating with industry stakeholders, trade unions, and civil society organizations to develop and implement sustainable solutions that guarantee the rights and welfare of temporary workers.

We cannot turn a blind eye to the plight of temporary workers who are vulnerable to labor exploitation. It is time for us to join forces, strengthen worker protections, and create a fair and just employment landscape for all. Let us work together to ensure that every individual’s labor rights are respected, that no one falls victim to exploitation, and that we establish a harmonious community of workers united in their pursuit of dignity and justice.

“Our commitment to safeguarding the rights of temporary workers is non-negotiable. Together, we can make a real difference in fortifying worker protections and eradicating labor exploitation.”

The Way Forward: Ensuring Sustainable Temporary Workers’ Protections

To ensure sustainable protections for temporary workers, we must address the structural issues that contribute to their vulnerability. One crucial aspect is reforming temporary migration programs in a way that does not tie workers to specific employers or sectors, thereby avoiding unnecessary dependencies.

Collaboration between industry stakeholders, government agencies, and civil society organizations is essential in developing comprehensive solutions. By combining our efforts and expertise, we can create a safer and more equitable environment for temporary workers.

A multi-stakeholder approach is key to achieving our goal. It should prioritize fair work, worker well-being, and access to justice. Together, we can drive meaningful change and ensure that temporary workers have the protections they deserve.

Why Collaboration Matters

Collaboration is crucial because it allows us to pool resources, knowledge, and insights. By working together, we can identify common challenges, share best practices, and develop effective strategies to protect temporary workers.

When industry stakeholders, government agencies, and civil society organizations unite, our collective voice becomes stronger. We can advocate for policy changes, raise awareness about fair work practices, and establish industry standards that benefit temporary workers across the board.

The power of collaboration lies in its ability to bring diverse perspectives to the table. By engaging different stakeholders, we can gain a deeper understanding of the complex issues surrounding temporary workers’ protections and develop holistic solutions that address their needs.

Our Commitment to Fair Work

At [Company Name], we are committed to fair work and ensuring the rights and well-being of temporary workers. We believe that every worker deserves to be treated with dignity and respect, regardless of their employment status.

“By prioritizing fair work practices and collaborating with industry stakeholders, government agencies, and civil society organizations, we can create an environment that respects the rights of temporary workers and provides them with sustainable protections.”

Together, we can drive positive change and build a future where temporary workers are afforded the same rights and protections as their permanent counterparts. Let’s work towards a fairer and more inclusive labor market for all.

Conclusion

Temporary workers’ protections in the UK are crucial in ensuring fair treatment and safeguarding their rights. Despite the risks of exploitation posed by temporary migration programs, industry stakeholders and organizations are actively working to enhance recruitment practices and provide better support to workers.

Collaboration between different stakeholders, including government agencies, plays a vital role in strengthening these protections and creating a more sustainable and inclusive system. By working together, we can ensure that temporary workers have access to the information and resources they need to assert their rights and maintain their well-being.

However, it is essential to continue advocating for fair work and effective regulations. By doing so, we can create an environment where temporary workers are treated with dignity and respect, and their rights are upheld throughout their employment.

As we move forward, let us remain committed to championing the rights of temporary workers and building a system that fosters fair treatment, equality, and protection for all.

FAQ

What protections do temporary workers have in the UK?

Temporary workers in the UK have the same employment rights as permanent employees from the day they start work. This includes equal treatment, access to shared facilities, and services provided by the employer. After 12 weeks in a job, temporary workers qualify for equal treatment, including equal pay, automatic pension enrollment, and paid annual leave.

What benefits are agency workers entitled to?

Agency workers are entitled to worker’s employment rights from the day they start work. They also have equal treatment in terms of access to shared facilities and services provided by the employer, such as canteen, childcare facilities, and transportation services. The agency must comply with any regulations related to fees charged to the agency worker.

What maternity rights do temporary workers have?

Temporary workers in the UK are entitled to maternity rights if they become pregnant while working. These rights include time off for pregnancy, childbirth, and up to 26 weeks after childbirth. The 12-week qualifying period for equal treatment continues through time off for pregnancy, paternity, or adoption.

How is the 12-week qualifying period counted for temporary workers?

The 12-week qualifying period for equal treatment is counted from the first day of work. It is not necessary for the temporary worker to be at work for 12 consecutive weeks. Some types of leave count towards the qualifying period, such as annual leave and certain types of sick leave. However, days on sick leave or breaks do not count towards the 12-week period. Time off for pregnancy, paternity, or adoption also counts towards the qualifying period.

What are the risks of temporary migration programs for temporary workers?

Temporary migration programs can put migrant workers at risk of exploitation. These programs often tie workers to a specific employer or labor provider, limiting their access to social benefits and making it difficult for them to leave exploitative situations. The nature of these programs increases the vulnerability of workers to abuse and exploitation.

What risks are associated with temporary migration programs in the UK?

Temporary migration programs in the UK, such as the Seasonal Worker Scheme and the Overseas Domestic Worker Visa, have been linked to increased risks of exploitation for migrant workers. These programs restrict workers’ ability to change employers, limit their choice of sector or geographical location, and create dependencies on employers for accommodation.

How have the UK and Scottish governments responded to safeguarding risks?

The UK government has been criticized for not taking significant steps to address the safeguarding risks associated with temporary migration programs. In contrast, the Scottish government has committed to fair work and protecting workers’ rights. They aim to become a “leading Fair Work nation” by 2025 and support migration policies that prevent exploitation and abuse.

What industry efforts are being made to safeguard temporary workers’ protections?

Industry trade bodies, retailers, growers, recruiters, and non-profits have come together to establish the Seasonal Workers Scheme Taskforce in the UK. This taskforce aims to improve responsible recruitment and employment of migrant workers, focusing on practical actions to enhance workers’ access to information, improve recruitment practices, address recruitment fees, and improve overall worker earnings.

Why is collaboration important in safeguarding temporary workers’ protections?

Collaboration between industry stakeholders, government agencies, and civil society organizations is crucial in developing comprehensive solutions to safeguard temporary workers’ protections. A multi-stakeholder approach that prioritizes fair work, worker well-being, and access to justice can help create a safer and more equitable environment for temporary workers.

What actions are recommended to strengthen temporary workers’ protections?

Various organizations, including the Independent Anti-Slavery Commissioner, have called for stronger safeguards and protections for temporary workers in the UK. Recommendations include allowing workers to change employers, providing support for workers to exercise their rights, and ensuring access to justice and fair working conditions.

What is needed to ensure sustainable temporary workers’ protections?

To ensure sustainable protections for temporary workers, it is essential to address the structural issues that contribute to their vulnerability. This includes reforms to temporary migration programs that do not tie workers to specific employers or sectors and create dependencies. Collaboration between industry stakeholders, government agencies, and civil society organizations is crucial in developing comprehensive solutions.

Why are temporary workers’ protections important?

Temporary workers’ protections are essential for ensuring fair treatment and safeguarding their rights. While temporary migration programs can pose risks of exploitation, efforts are being made by industry stakeholders and organizations to improve recruitment practices and enhance workers’ access to information and support. Collaboration between different stakeholders, including government agencies, can help strengthen protections for temporary workers and create a more sustainable and inclusive system.

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