Using a Recruitment Agency to find Staff
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Employers utilizing recruitment agencies to find temporary or long-term employees have certain duties.
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Recruitment agencies that find staff for other companies, however pay the personnel themselves, are understood as 'em ployment organizations'.

If you handle workers through an employment company, they're accountable for making sure the workers' rights under working time and base pay guidelines.

Recruitment firms offering workers for agriculture, food processing, horticultural and shellfish-gathering markets are called 'gangmasters' - if you use one, you require to make certain they are licensed gangmasters.

Employers' obligations

As an employer, you're responsible for:

- company workers' health and wellness

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

    However, you can stop providing work to a company employee, as long as they're not by you.

    Additional rights after 12 weeks

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

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

    For more information, see assistance on agency employee policies.

    Transfer costs

    Recruitment agencies can charge a transfer fee if you use an employee straight, or an employee is provided to you through another recruitment agency after their preliminary contract. Recruitment agencies need to inform you in your contract if they plan to charge you transfer costs.

    When a firm worker starts 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 the end 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 between the employee's assignments with you, the 14 weeks will begin from the start date of the most current assignment.

    The recruitment agency might also charge you a transfer charge if:

    - you introduce an employee to a 3rd party who then employs them during this period
  • you employ an employee introduced to you by a recruitment company before they have started their project with you through the firm

    Extended hire period

    If you utilize an employee provided to you by a recruitment firm, the firm needs to provide you an extended hire period rather of charging you a transfer charge. This suggests they would continue to supply the employee to you for a predetermined duration without changing the regards to the assignment. Once the agreed period ends, you would utilize the worker directly with no transfer charge.

    A recruitment company might charge you a transfer fee if they introduce an employee to you and you use them:

    - before they start work through the recruitment firm
  • through a different company, before they start overcome the introducing recruitment agency

    In both cases, the introducing company must offer the choice of a hire period rather of charging you a transfer cost. The regards to this hire period need to be set out in your contract with the recruitment company.
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