Using a Recruitment Agency to Discover Staff
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Employers using recruitment firms to discover short-lived or permanent workers have specific obligations.
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Recruitment firms that find personnel for other businesses, however pay the staff themselves, are called 'em ployment organizations'.

If you take on employees through an employment service, they are accountable for ensuring the workers' rights under working time and minimum wage rules.

Recruitment firms supplying workers for farming, food processing, horticultural and shellfish-gathering markets are referred to as 'gangmasters' - if you use one, you need to ensure they are licensed gangmasters.

Employers' responsibilities

As a company, you are accountable for:

- agency workers' health and wellness

  • ensuring they have the same access to shared facilities as other workers
  • letting them understand about relevant job vacancies in your service

    However, you can stop offering work to a firm employee, as long as they're not utilized by you.

    Additional rights after 12 weeks

    After 12 weeks in the exact same task, agency workers are entitled to the very same conditions as staff members doing the very same or comparable work. This includes:

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

    For more details, see guidance on firm employee regulations.

    Transfer charges

    Recruitment firms can charge a transfer cost if you utilize a worker straight, or a worker is provided to you through another recruitment firm after their preliminary contract. Recruitment companies need to inform you in your contract if they intend to charge you move charges.

    When a company employee starts deal with you, a recruitment agency can just 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 task with you
  • 14 weeks of the start of their first task with you

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

    The recruitment firm may likewise charge you a transfer fee if:

    - you present a worker to a 3rd party who then employs them during this duration
  • you use an employee presented to you by a recruitment agency before they have begun their task with you through the firm

    Extended hire period

    If you employ an employee supplied to you by a recruitment company, the agency needs to provide you an extended hire period instead of charging you a transfer charge. This implies they would continue to provide the worker to you for an without changing the terms of the task. Once the agreed duration ends, you would employ the employee directly with no transfer cost.

    A recruitment firm may charge you a transfer fee if they introduce an employee to you and you utilize them:
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    - before they start resolve the recruitment company
  • through a different firm, before they start resolve the introducing recruitment firm

    In both cases, the presenting company needs to use the choice of a hire period rather of charging you a transfer fee. The regards to this hire period must be set out in your agreement with the recruitment agency.