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 EMPLOYMENT AGENCY/BUSINESS REGULATIONS
FREQUENTLY ASKED QUESTIONS FOR WORK-SEEKERS

The questions and answers that follow are some of those which are most often asked. If the answers you need are not here, you can contact the Labour Relations Agency. The contact details of the organisations mentioned throughout this guide and a number of organisations which you may find useful are listed at the back of this booklet under USEFUL CONTACTS. Can an agency charge me for job searching services or for registering with them? A fundamental principle of the employment agencies legislation is that work-seekers should not be charged for job search services. However, there are some exceptions to this i.e. the entertainment and modelling sectors e.g. actors, models or sports persons. Where an agency can charge a fee, is there a limit on how much that fee can be? No. It is up to the work-seeker and the employment agency to agree the limit of any fees to be charged. However, normally the fee will: • be based on the earnings provided by any work the agency has found thework-seeker; or • relate directly to the costs for the provision or production of certain types of work-finding publications, e.g. acting or modelling portfolios. It is important that work-seekers clearly establish the nature of the service they are paying for and be aware that agencies are obligated to provide these details. Can I register with more than one agency when I am job searching? Yes. You may register with as many agencies as you wish. Your detailed guidance refers to employment agencies (EAs) and employment businesses (EBs) – what is the difference? An EA will introduce you to hirers that you are going to work for permanently (or work for on a fixed or short-term contract). With this arrangement, your contract of employment will be with the hirer and not with the agency. An EB will place you with hirers to work but your contractual relationship is with the EB and it is the EB that is responsible for paying you. I know the difference between an employment agency (EA) and an employment business (EB). Does it make any practical difference to me? Yes. If your contract is with an EB, they must pay you even if they have not been paid by the hirer themselves. If your contract is on an EA basis, your pay will be on a salary basis paid by the hirer. How can I tell if an agency is an employment agency or an employment business? Most agencies will operate in both ways. You need to be sure what you are asking them to do for you when you are conducting your career job search i.e. find you permanent or temporary work and be sure you understand the contract i.e. the terms and conditions that they ask you to sign. What are my current rights as an agency worker? Agency workers are protected under a range of legislative measures, including race and gender equality, fair employment, disability discrimination and health and safety laws. They also have rights regarding working time, making a protected disclosure, right for part-time workers not to be treated less favourably than full-time workers, National Minimum Wage, unlawful deductions from wages, right to be accompanied at disciplinary and grievance hearings, right to belong or not to belong to a trade union, right not to suffer deductions of unauthorised union subscriptions and protection from detriment in relation to exercising their statutory rights. Agency workers may also have rights under working parents’ legislation, although this will depend on the description of your National Insurance contributions. I am unsure about the terms and conditions being offered by an employment agency/business. What should I do? An employment agency/business must agree terms and conditions with you before it provides you with job search services. The terms and conditions must include information on whether the firm providing work-finding services is acting as an EA or an EB in relation to the work-seeker and the type of work that the EA or EB will seek to find for the work-seeker. The terms and conditions of EBs should also include, among other matters, an undertaking that the EB will pay the work-seeker in respect of work done by him, and information on notice periods, rates of remuneration, intervals of remuneration and holiday entitlement. You should only sign up to the terms and conditions once you fully understand what it is you are committing yourself to. If you have any doubts you should delay signing any documents until you have sought further advice from another source e.g. a Citizens Advice Bureau. Can an employment agency or employment business request confirmation from me of my identity and the qualifications that I have obtained? The legislation requires all those who conduct employment job search to provide evidence that they are who they say they are. This can be done by providing your passport, driver’s licence or National ID Card (if you are from a country which issues one). You will also need to provide evidence that you have obtained the necessary experience, training and/or qualifications which the employer considers necessary, or which are required by law or by any professional body, to work in the position to be filled. Can an employment agency forward my CV/details to an employer without my permission? No. An agency must obtain your permission to forward your details to prospective employers wishing to consider you for the position that they seek to fill. The agency says I am not allowed to work for the hirer with whom I was placed for several months after I leave them. Is this true? No. The legislation forbids an agency from placing any restrictions on you working directly for the hirer whom you previously worked for. However, the agency could prevent you being supplied to the hirer by another agency. Am I entitled to the National Minimum Wage (NMW)? Yes. Potential employees doing a job search must be paid the National Minimum Wage, although there are some variations to the limits – please see HM Revenue and Customs’ NMW guidance. If you are not receiving the minimum wage you can complain to HM Revenue and Customs, which enforces the legislation. Are there limits on the number of hours I can work? Yes. Largely for health and safety reasons legislation governing working time provides that workers cannot be forced to work for more than 48 hours per week on average, although they can choose to opt-out of this protection. The 48-hour limit applies to the worker and therefore must include all the hours they work (even when there is more than one employer involved). More information on the 48-hour per week limit and the opt-out clause are available from the Department for Employment and Learning’s Working Time Regulations guidance. My agency refuses to pay me holiday pay. Who should I talk to? You can get advice on problems concerning holiday pay from the Labour Relations Agency. My agency says I am not entitled to paid bank holidays. Is this correct? Yes. There is no statutory requirement for any worker to receive paid bank holidays. The Working Time Regulations guidance has more information on this subject. Are agency workers entitled to Statutory Sick Pay? HM Revenue and Customs offers this advice: "There are various types of agency workers who may be regarded as employees for Statutory Sick Pay purposes. If a work-seeker is treated as an employee for National Insurance contribution purposes, they will also be treated as an employee for Statutory Sick Pay purposes”. The Social Security Agency also has guidance on this issue. Am I required to use any additional services provided by an agency? No. An employment agency or business cannot require the work-seeker to use any other service it may provide (e.g. accommodation, training or photography, or hiring or buying goods) as a condition for providing job searching services to that work-seeker. I use additional services provided by an agency. Can I withdraw from these? Yes. You can withdraw, without suffering any detriment, from any other services provided by an agency following a short notice period (five working days for all services except accommodation where there is a notice period of 10 working days). Your employment agency or employment business must have provided you with a written statement of your right to withdraw from additional services before they first provide you with that service. What is a ‘temp to perm’ fee? The agency's contract with the hirer for supplying temporary workers may contain what is known in the industry as a ‘temp to perm’ fee. This means that if the hirer wants to take you on permanently straight away, they may need to pay an additional fee to the agency.

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