Using a Recruitment Agency to find Staff
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Employers using recruitment agencies to find temporary or permanent workers have particular duties.

Recruitment agencies that discover staff for other services, but pay the personnel themselves, are called 'em ployment .

If you handle employees through a work organization, they are accountable for guaranteeing the employees' rights under working time and base pay guidelines.

Recruitment firms offering employees for farming, food processing, horticultural and shellfish-gathering industries are called 'gangmasters' - if you utilize one, you require to make certain they are certified gangmasters.

Employers' duties

As an employer, you're responsible for:

- firm employees' health and wellness

  • ensuring they have the exact same access to shared centers as other employees
  • letting them understand about pertinent job vacancies in your business

    However, you can stop offering work to an agency employee, as long as they're not used by you.

    Additional rights after 12 weeks

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

    - pay
  • working time, rest durations and breaks
  • night work
  • annual leave
  • time off for antenatal visits for pregnant employees

    For more information, see assistance on agency employee guidelines.

    Transfer fees

    Recruitment companies can charge a transfer cost if you use a worker straight, or a worker is supplied to you through another recruitment firm after their preliminary contract. Recruitment firms must inform you in your agreement if they intend to charge you transfer charges.

    When a firm worker begins deal with you, a recruitment company can only charge a transfer fee if you take the worker on within either of the following periods, whichever ends later on:

    - 8 weeks of the end of their last project with you
  • 14 weeks of the start of their first project with you

    If there has been a break of 42 days in between the employee's projects with you, the 14 weeks will start from the start date of the most recent project.

    The recruitment agency might likewise charge you a transfer cost if:

    - you introduce a worker to a third party who then uses them during this period
  • you use an employee presented to you by a recruitment firm before they have begun their task with you through the firm

    Extended hire duration

    If you utilize a worker supplied to you by a recruitment firm, the firm must provide you a prolonged hire period rather of charging you a transfer fee. This implies they would continue to supply the worker to you for an agreed period without changing the terms of the task. Once the agreed period ends, you would employ the worker directly without any transfer fee.

    A recruitment firm might charge you a transfer charge if they present an employee to you and you employ them:
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    - before they begin overcome the recruitment firm
  • through a different firm, before they begin overcome the introducing recruitment firm

    In both cases, the presenting agency must provide the alternative of a hire period rather of charging you a transfer cost. The terms of this hire period should be set out in your agreement with the recruitment firm.