Using a Recruitment Agency to Discover Staff
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Employers utilizing recruitment firms to find temporary or permanent workers have particular responsibilities.
Recruitment firms that discover staff for other companies, but pay the personnel themselves, are called 'em ployment businesses'.
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If you take on employees through an employment company, they are accountable for making sure the employees' rights under working time and base pay rules.
Recruitment agencies supplying employees for farming, food processing, horticultural and shellfish-gathering industries are called 'gangmasters' - if you use one, you require to ensure they are certified gangmasters.
Employers' duties
As a company, you're responsible for:
- company employees' health and wellness
- ensuring they have the very same access to shared facilities as other employees
- letting them understand about relevant task vacancies in your service
However, you can stop supplying work to a company employee, as long as they're not utilized by you.
Additional rights after 12 weeks
After 12 weeks in the very same task, agency workers are entitled to the same terms and conditions as employees doing the exact same or similar work. This consists of:
- pay - working time, pause and breaks
- night work
- annual leave
- time off for antenatal consultations for pregnant workers
For more details, see assistance on company worker guidelines.
Transfer charges
Recruitment agencies can charge a transfer cost if you use an employee straight, or a worker is supplied to you through another recruitment agency after their preliminary contract. Recruitment agencies should inform you in your contract if they mean to charge you move charges.
When an agency employee begins work 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 completion of their last task with you - 14 weeks of the start of their first task with you
If there has actually 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 current task.
The recruitment firm may also charge you a transfer cost if:
- you introduce an employee to a 3rd party who then employs them throughout this duration - you use an to you by a recruitment agency before they have begun their task with you through the firm
Extended hire duration
If you employ a worker supplied to you by a recruitment agency, the agency needs to use you an extended hire duration 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 project. Once the agreed duration ends, you would employ the employee straight without any transfer charge.
A recruitment firm may charge you a transfer charge if they present a worker to you and you utilize them:
- before they start overcome the recruitment firm - through a various company, before they begin overcome the introducing recruitment agency
In both cases, the introducing company should use the option of a hire period instead of charging you a transfer charge. The terms of this hire duration should be set out in your agreement with the recruitment firm.