Our friends at TBOS have put together this useful check list that all recruiters need to follow and use, for more of the services TBOS can provide for your business with please follow the links.
Employment law and legislation is constantly changing, and it's important as a recruitment agency that you can keep on top of it all. Missing out on certain checks can not only make your company look bad, but you could fall into legal action as well, and that's never good. Make sure that your agency is compliant by double and triple checking all the points below.
Documentation – Each client will require their own specific set of paperwork and information before they will place a candidate, so liaise with your client to ensure that you have the correct documentation before beginning the placement. This will lead to a speedy placement as well as a legally safe one.
Candidate details – As above, make sure that your candidate has all the details required by the client in order to make sure you get a speedy placement. Double check that the details your candidate has given you are 100% correct, because some of these can lead to headaches later (such as incorrect bank details) or legal repercussions (such as permission to work in the country). Don't offer forward a candidate until you know that they are who they say they are.
Contracts – All contracts should be agreed upon and signed before candidates begin work. This provides each party with legal recourse and backup, and also makes sure that everyone knows their role, so as to avoid later confusion. In order to speed up this process, you may want to introduce trigger clauses (e.g. the candidate agrees to the contract by starting work) or e-signatures.
Agency Workers Regulations – Communicate with the client to make sure that your candidate is being paid correctly. It is a requirement for your candidate to be paid at least as much as a permanent employee, including benefits. Keep records of your client liaisons in case you need to provide evidence of your information in future.
Umbrella companies – Investigate the company that your client is going to be working for, or get hold of a list of approved Umbrella Companies. Make sure that they abide by AWR and that all of their processes are compliant. Once again, having your own records of the company's details will keep you secure in case of future legal action.
International Regulations – It's important to take note of the laws of another country before placing a candidate there. Make sure that their policies are in line with your own, and that your placement is eligible. It's also worth taking note of financial regulations in international placement, such as withholding tax, to make sure that you will actually see a return on your investment.
Fraud – All of the above checks should help protect you against fraud, but that's not always the case. Check out Safer Jobs who are helping to raise awareness of fraud in the industry, and make sure to double and triple check everything before placing candidates.
