Employers utilizing recruitment firms to discover short-term or permanent employees have certain obligations.
Recruitment companies that discover personnel for other businesses, however pay the themselves, are referred to as 'em ployment companies'.
If you take on workers through a work company, they are accountable for making sure the workers' rights under working time and base pay rules.
Recruitment agencies offering employees for agriculture, food processing, horticultural and shellfish-gathering markets are understood as 'gangmasters' - if you use one, you require to make certain they are certified gangmasters.
Employers' duties
As an employer, you are accountable for:
- company workers' health and safety
- guaranteeing they have the exact same access to shared centers as other employees
- letting them understand about pertinent task vacancies in your organization
However, you can stop providing work to a company employee, as long as they're not used by you.
Additional rights after 12 weeks
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After 12 weeks in the very same task, firm employees are entitled to the very same conditions as workers doing the exact same or comparable work. This includes:
- pay - working time, rest periods and breaks
- night work
- annual leave
- time off for antenatal visits for pregnant workers
For more details, see guidance on firm employee regulations.
Transfer costs
Recruitment firms can charge a transfer cost if you utilize an employee straight, or an employee is supplied to you through another recruitment company after their initial contract. Recruitment agencies need to tell you in your contract if they plan to charge you transfer costs.
When an agency worker starts deal with you, a recruitment company can only charge a transfer charge if you take the employee on within either of the following periods, whichever ends later on:
- 8 weeks of the end of their last task with you - 14 weeks of the start of their very first project with you
If there has 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 recent task.
The recruitment company may also charge you a transfer fee if:
- you introduce a worker to a third party who then uses them during this duration - you use an employee introduced to you by a recruitment firm before they have begun their project with you through the company
Extended hire period
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If you employ an employee provided to you by a recruitment company, the firm must use you an extended hire duration instead of charging you a transfer fee. This suggests they would continue to provide the employee to you for a predetermined period without changing the regards to the project. Once the agreed period ends, you would utilize the employee straight with no transfer cost.
A recruitment firm may charge you a transfer charge if they present an employee to you and you utilize them:
- before they start overcome the recruitment company - through a various company, before they begin overcome the presenting recruitment agency
In both cases, the introducing firm must use the option of a hire duration rather of charging you a transfer cost. The regards to this hire period should be set out in your agreement with the recruitment agency.