Working away from home
The Conduct Regulations impose certain obligations on recruitment businesses regarding work-seekers. This sections looks at the obligations where the work-seeker will work away from home, for example, as an au pair or to take part in training.
I have a temporary position that requires the work seeker to live away from home. Is there anything else I must do?
If the position requires the work seeker (or the person who would be supplied to do the work if the work seeker is a limited company) to occupy accommodation other than his/her own home, before the work seeker takes up the position with a client (except where the work seeker is to be the client’s employee) you must first take all reasonably practicable steps to ensure that:
- Suitable accommodation is available before the work starts;
- Suitable travel arrangements have been made for the work seeker to such accommodation. This might be organised by the work seeker him/herself but you must satisfy yourself it will be suitable.
If the position is for a work seeker (or the person who would be supplied to do the work if the work seeker is a limited company) aged under 18 and required to live away from home you must obtain consent directly from a parent or guardian of the work seeker.
I have positions available to work either as a domestic servant or as an au pair in a private household. Is there anything additional that I need to do?
- You must ensure that the work seeker is provided with such information they may reasonably request in order to decide whether or not to take up a particular position. This may include information about bathroom or cooking facilities;
- You must not arrange for an au-pair to take a position where the au-pair is required to repay either the client or you the fare for travel to and from the au-pair’s home to the place of work out of any money which may be payable to the au-pair.
I have a temporary work-seeker on a contract for services and the client has asked whether they can work or carry out training abroad. What checks does an employment business need to carry out?
This is a non- exhaustive list of the possible checks that should be carried out before the work-seeker can work or carry out training overseas. There may be other issues to consider which you should discuss with your client (as they may have been through this process before with their own employees) or any other relevant authority.
- Contacting the embassy: Firstly it is advisable to contact the embassy of the country the work-seeker will be travelling to and check the required visas if any (or any other entry and right to work requirements) that the worker and you as their 'employer' will need to comply with. It is also useful to obtain details of costs for the visa applications and timeframes.
- Medical insurance: The work-seeker may require medical insurance while they are away. Some countries do not provide free medical care so you should therefore discuss this with the client.
- Health and safety: Depending on the nature of the work or training, you as an employment business have joint responsibility with the client in respect of the health and safety of work-seekers. Regulation 18 (c) of the Conduct of Employment Agencies and Employment Businesses Regulations 2003 (Conduct Regulations) states that where there is a change in the health and safety information that has already been obtained, the employment business should request that the client provide any updated information. You should therefore ask the hirer whether there will be any added risks to health and safety stemming from the work or training as well as any measures they will be taking to combat these risks. You should also ensure any required health and safety training or work at the overseas premises (such as the procedure in the event of a fire etc.) will be performed. You should check whether the work-seeker will be covered under the client’s insurance policy at the overseas premises.
- Expenses: There are no set rules with regard to expenses, however you will need to discuss this with the client in terms of the expenses the work-seeker may be entitled to (such as accommodation and/or food) and how these expenses will be paid. Similarly you should discuss who will be paying for the price of the airplane tickets. Regulation 24 (4) of the Conduct Regulations states that where an employment business (or the client) has arranged for free travel or payment of fares for the worker-seeker’s journey, the employment business or hirer must arrange for free travel for the work-seeker’s return journey or pay their return fares. Therefore if free or paid for air travel is agreed for the outward journey overseas, then you should ensure (or obtain an undertaking from the hirer that they will ensure) that the work-seekers have free return travel or a paid for return fare.
- Paying the work-seeker: You should check the assignment details form and if the work or training is simply a continuation of the assignment then the work-seeker should be paid for the work or training in line with the existing agreement. If the work or training is not a continuation of the assignment then you should ask the client whether they intend to pay the work-seeker for their work or training overseas. If the client will not pay the workers for the work training then you should inform the workers of this, bearing in mind that two weeks without pay may result in the workers not wishing to go. You need to consider the National Minimum Wage Act 1998, given that if the workers are performing work during the training then the individual is entitled to be paid id at least national minimum wage unless a specific exemption applies. The workers must be provided with the correct information in respect of the remuneration so they can decide whether the offer is acceptable or not.
Disclaimer
This information is for guidance purposes only and should not be regarded as a substitute for taking legal advice. Please refer to the full terms and conditions on our website.