Using a Recruitment Agency to find Staff
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Employers utilizing recruitment companies to find short-lived or long-term workers have specific responsibilities.
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Recruitment agencies that find staff for other services, but pay the personnel themselves, are called 'em ployment organizations'.

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

Recruitment firms supplying employees for agriculture, food processing, horticultural and shellfish-gathering industries are called - if you use one, you need to ensure they are certified gangmasters.

Employers' duties

As an employer, you are accountable for:

- agency employees' health and safety

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

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

    Additional rights after 12 weeks

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

    - pay
  • working time, pause and breaks
  • night work
  • yearly leave
  • time off for antenatal consultations for pregnant employees

    For more information, see assistance on company worker guidelines.

    Transfer fees

    Recruitment companies can charge a transfer fee if you employ an employee directly, or an employee is provided to you through another recruitment agency after their initial agreement. Recruitment firms need to inform you in your agreement if they plan to charge you move charges.

    When a company employee starts work with you, a recruitment agency can just charge a transfer cost if you take the employee on within either of the following durations, whichever ends later:

    - 8 weeks of completion of their last project with you
  • 14 weeks of the start of their very first task with you

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

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

    - you present a worker to a 3rd party who then uses them throughout this period
  • you employ an employee presented to you by a recruitment firm before they have actually started their assignment with you through the company

    Extended hire duration

    If you use an employee supplied to you by a recruitment company, the company needs to use you an extended hire duration instead of charging you a transfer fee. This suggests they would continue to provide the worker to you for a predetermined period without altering the terms of the assignment. Once the predetermined period ends, you would use the worker directly without any transfer fee.

    A recruitment firm may charge you a transfer cost if they introduce an employee to you and you utilize them:
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    - before they start resolve the recruitment agency
  • through a various company, before they start overcome the presenting recruitment company

    In both cases, the introducing agency should use the option of a hire duration instead of charging you a transfer charge. The regards to this hire period must be set out in your agreement with the recruitment firm.