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Using a Recruitment Agency to Discover Staff
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Employers using recruitment companies to discover short-term or long-term employees have particular duties.

Recruitment agencies that find personnel for other companies, but pay the personnel themselves, are referred to as 'em ployment services'.
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If you take on workers through an employment service, they're accountable for making sure the workers' rights under working time and base pay rules.

Recruitment firms offering employees for agriculture, food processing, horticultural and shellfish-gathering markets are referred to as 'gangmasters' - if you use one, you require to make sure they are licensed gangmasters.

Employers' obligations

As a company, you are accountable for:
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- agency workers' health and wellness

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

    However, you can stop offering work to a firm worker, 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 exact same or similar work. This includes:

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

    For more details, see assistance on company employee policies.

    Transfer fees

    Recruitment firms can charge a transfer fee if you utilize a worker straight, or an employee is provided to you through another recruitment company after their preliminary contract. Recruitment agencies must tell you in your contract if they plan to charge you transfer fees.

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

    - 8 weeks of the end of their last assignment 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 worker's assignments with you, the 14 weeks will begin from the start date of the most recent assignment.

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

    - you present an employee to a third party who then employs them throughout this duration
  • you utilize a worker presented to you by a recruitment company before they have actually started their assignment with you through the company

    Extended hire period

    If you employ a to you by a recruitment company, the agency should provide you a prolonged hire period instead of charging you a transfer charge. This indicates they would continue to supply the employee to you for an agreed duration without altering the regards to the project. Once the agreed duration ends, you would utilize the employee straight without any transfer cost.

    A recruitment agency might charge you a transfer charge if they present an employee to you and you utilize them:

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

    In both cases, the introducing agency needs to offer the alternative of a hire period rather of charging you a transfer fee. The regards to this hire duration need to be set out in your agreement with the recruitment company.