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

Recruitment firms that find staff for other businesses, however pay the staff themselves, are referred to as 'em ployment organizations'.

If you handle employees through an employment company, they're accountable for guaranteeing the employees' rights under working time and minimum wage rules.

Recruitment firms providing workers for agriculture, food processing, horticultural and shellfish-gathering industries are called 'gangmasters' - if you use one, you require to ensure they are licensed gangmasters.

Employers' obligations

As an employer, you're responsible for:

- firm employees' health and safety

  • ensuring they have the very same access to shared centers as other workers
  • letting them learn about appropriate in your service

    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 very same job, company workers are entitled to the exact same terms as employees doing the same or comparable work. This consists of:

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

    For more details, see guidance on agency employee guidelines.

    Transfer fees

    Recruitment agencies can charge a transfer cost if you utilize a worker straight, or a worker is provided to you through another recruitment firm after their initial contract. Recruitment companies must tell you in your contract if they intend to charge you move costs.

    When a company worker begins work with you, a recruitment company 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 completion of their last assignment with you
  • 14 weeks of the start of their very first task with you

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

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

    - you introduce a worker to a 3rd party who then employs them throughout this period
  • you utilize an employee introduced to you by a recruitment company before they have begun their assignment with you through the agency
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    Extended hire period

    If you use a worker provided to you by a recruitment firm, the company should provide you an extended hire period instead of charging you a transfer fee. This implies they would continue to provide the worker to you for a predetermined duration without changing the regards to the assignment. Once the agreed period ends, you would utilize the worker directly without any transfer fee.
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    A recruitment agency may charge you a transfer cost if they introduce an employee to you and you utilize them:

    - before they start resolve the recruitment firm
  • through a various firm, before they begin overcome the introducing recruitment firm

    In both cases, the introducing agency should use the choice of a hire duration rather of charging you a transfer charge. The terms of this hire period should be set out in your agreement with the recruitment agency.