Using a Recruitment Agency to find Staff
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sundusglobal.com
Employers using recruitment agencies to find short-term or long-term employees have particular responsibilities.
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Recruitment agencies that discover personnel for other organizations, however pay the personnel themselves, are referred to as 'em ployment organizations'.

If you handle workers through a work service, they are accountable for guaranteeing the employees' rights under working time and minimum wage guidelines.

Recruitment firms supplying workers for agriculture, food processing, horticultural and shellfish-gathering industries are referred to as 'gangmasters' - if you use one, you require to make certain they are certified gangmasters.

Employers' obligations

As an employer, you're responsible for:

- company employees' health and wellness

  • ensuring they have the same access to shared centers as other employees
  • letting them understand about relevant job vacancies in your business

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

    Additional rights after 12 weeks

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

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

    For more information, see guidance on company worker policies.

    Transfer charges

    Recruitment companies can charge a transfer cost if you employ a worker directly, or an employee is supplied to you through another recruitment firm after their initial agreement. Recruitment agencies should tell you in your contract if they mean to charge you transfer charges.

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

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

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

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

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

    Extended hire period

    If you employ an employee provided to you by a recruitment agency, the company needs to use you a prolonged hire duration rather of charging you a transfer fee. This means they would continue to the worker to you for an agreed period without altering the regards to the project. Once the predetermined duration ends, you would use the worker directly with no transfer fee.

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

    - before they begin work through the recruitment firm
  • through a various firm, before they begin resolve the introducing recruitment agency

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