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The conduct of employment agencies and employment businesses regulations 2003 (the regulations)
A guide for work-seekers using recruitment agencies:
This guide provides information on The Conduct of Employment Agencies and Employment Businesses Regulations 2003 (The Regulations) which governs the conduct of the private recruitment industry and establishes a framework of minimum standards that clients, both work-seekers and hirers, are entitled to expect. These Regulations stipulate how recruitment businesses should operate, providing added protection for job seekers and companies using services of recruiters. The regulations came into force on 6 April 2004, below is a synopsis of the main points and meanings.
Employment Business:
Those recruiters supplying contract or temporary staff.
Employment Agencies:
Those recruiters supplying permanent staff.
GENERAL OBLIGATIONS:
Before you start work on an assignment or a permanent position you must be given information about the proposed position including:
It is unlawful for any agency or employment business to charge you a fee for providing work finding services.
You should be informed of any charges a recruiter may make for any additional services or goods they provide.
A recruiter cannot offer work finding services on the condition that you use a chargeable service such as a CV writing service.
A recruiter must confirm whether you are looking for temporary or permanent work, the type of work they are looking for you and the conditions which apply between you. For example if you are supplied to a hirer (the client) on a temporary basis you should be given a contract setting out the terms and conditions of your relationship with the employment business.
If you carry out work on an assignment as a temporary worker but are unable to obtain a signed timesheet, you are entitled to be paid for the hours you worked.
However the employment business is permitted to delay payment for a reasonable length of time to confirm whether you have worked the hours claimed.
As a temporary worker on a contract you may not be penalised for ending an assignment.
Recruiters have a duty of confidentiality and are not permitted to disclose information about you without your prior consent.
WHAT RECRUITMENT AGENCIES REQUIRE FROM THE WORK-SEEKER:
Much of the new Regulations only affect recruitment agencies operating procedures, however some of them will impact the way in which you, as a candidate are able to use their services.
Before representing you to a hirer all Employment Businesses and Agencies are legally obliged to gather information from you.
The work-seeker must supply the Employment Business or Agency with the following information:
1. A copy of your passport or Birth Certificate prior to interview with the hirer to confirm identity
2. A copy of your passport and /or Visa prior to interview with the hirer to confirm eligibility to work in the UK
3. Written confirmation to the recruitment agency that the you are willing to work in the position proposed.
4. You will provide the recruitment agency with two professional referees and give written permission for them to contact these referees on behalf of the hirer.
5. Should the recruitment agency be successful in finding potential work for you, you agree to provide them with evidence and copies of any training received, qualifications and authorisations such as certificates, and registrations with professional bodies.
6. With reference to point 5, a recruitment agency is not allowed to introduce or supply a work-seeker to a hirer unless it has made checks to ensure that the work seeker and the hirer are aware of any legal or professional body requirements which either of them have to satisfy to enable the work-seeker to work for the hirer.
Unless this information is received from the work-seeker a recruitment agency is legally unable to represent you to their clients. These Regulations will apply to every agency you are using to represent you.
This synopsis is just a guide to the Regulations, for further information please refer to the Department for Business, Enterprise and Regulatory Reform website - www.berr.gov.uk
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