Using a Recruitment Agency to Discover Staff
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Employers utilizing recruitment agencies to find temporary or irreversible workers have specific obligations.

Recruitment firms that find personnel for other businesses, but pay the staff themselves, are known as 'em ployment services'.

If you handle workers through an employment organization, they are accountable for ensuring the workers' rights under working time and base pay rules.

Recruitment firms offering workers for farming, food processing, horticultural and shellfish-gathering markets are understood as 'gangmasters' - if you use one, you require to make certain they are licensed gangmasters.

Employers' obligations

As an employer, you're responsible for:

- firm workers' health and security

  • guaranteeing they have the very same access to shared centers as other workers
  • letting them understand about relevant job vacancies in your organization

    However, you can stop offering work to a company worker, as long as they're not employed by you.

    Additional rights after 12 weeks

    After 12 weeks in the exact same task, firm employees are entitled to the exact same terms and conditions as workers doing the same or similar work. This includes:

    - pay
  • working time, rest durations and breaks
  • night work
  • yearly leave
  • time off for antenatal appointments for pregnant workers

    For more details, see guidance on firm worker guidelines.

    Transfer costs

    Recruitment agencies can charge a transfer charge if you employ a worker directly, or an employee is supplied to you through another recruitment firm after their initial agreement. Recruitment agencies need to inform you in your agreement if they mean to charge you move charges.

    When a firm employee begins work with you, a recruitment firm can only charge a transfer cost if you take the worker on within either of the following periods, whichever ends later:
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    - 8 weeks of completion of their last assignment with you
  • 14 weeks of the start of their first task with you

    If there has actually been a break of 42 days between the worker's projects with you, the 14 weeks will begin from the start date of the most recent assignment.

    The recruitment firm may also charge you a transfer charge if:
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    - you present an employee to a third celebration who then utilizes them throughout this duration
  • you utilize an employee presented to you by a recruitment agency before they have begun their assignment with you through the agency

    Extended hire duration

    If you use an employee provided to you by a recruitment firm, the agency should offer you an extended hire duration instead of charging you a transfer fee. This implies they would continue to supply the employee to you for a predetermined period without altering the regards to the project. Once the agreed duration ends, you would use the straight with no transfer cost.

    A recruitment firm may charge you a transfer fee if they introduce a worker to you and you utilize them:

    - before they begin work through the recruitment firm
  • through a different agency, before they start work through the introducing recruitment company

    In both cases, the introducing company needs to provide the alternative of a hire duration instead of charging you a transfer cost. The terms of this hire duration should be set out in your agreement with the recruitment agency.