The Conduct of Employment Agencies and Employment Businesses (Amendment) Regulations 2016

Amendments to the Merchant Shipping (Maritime Labour Convention) (Recruitment and Placement) Regulations 2014

3.—(1) The Merchant Shipping (Maritime Labour Convention) (Recruitment and Placement) Regulations 2014(1) are amended as follows.

(2) For regulation 7 (duty on employment agencies and businesses to maintain records) substitute—

“Duty on employment agencies and businesses to maintain records

7.— (1) Subject to paragraph (5), every employment agency and employment business must keep records which are sufficient to show whether the provisions of these Regulations are being complied with, including the particulars specified in paragraphs (2) and (3).

(2) The particulars to be included in relation to every application received by the employment agency or employment business from a work-seeker are—

(a) the date on which the application was received;

(b) the work-seeker’s name, address and, if under 22 on the date the application was received, the date of birth;

(c) any terms which apply or will apply between the employment agency or employment business and the work-seeker, and any document recording any variation of the terms;

(d) details of the work-seeker’s training, experience, qualifications, and any authorisation to undertake particular work (and copies of any documentary evidence of the same obtained by the employment agency or employment business);

(e) details of any requirements specified by the work-seeker in relation to taking up employment;

(f) the names of hirers to whom the work-seeker is introduced or supplied;

(g) details of any resulting engagement and date from which it takes effect;

(h) a copy of any contract between the work-seeker and any hirer entered into by the employment agency on the work-seeker’s behalf;

(i) the date on which the application was withdrawn or the contract terminated (where applicable);

(j) in the case of an employment agency that is permitted by the Conduct Regulations to charge fees to work-seekers—

(i) the dates of the requests by the employment agency for fees from the work-seeker and of receipt of such fees, with copy statements or invoices, numbers and amounts; or

(ii) statements of dates and amounts of sums deducted from money received by the employment agency on the work-seeker’s behalf in accordance with regulation 25 of the Conduct Regulations, to the extent that these are not required to be comprised in records maintained in respect of a client account in accordance with paragraph 12 of Schedule 2 to the Conduct Regulations;

(k) details of enquiries made under regulation 4 about the work-seeker and the position concerned with copies of all relevant documents and dates they were received or sent as the case may be.

(3) The particulars to be included in relation to every application received by the employment agency or employment business from a hirer are—

(a) the date on which the application was received;

(b) the hirer’s name and address, and location of the work to be done for the hirer;

(c) details of the position the hirer seeks to fill;

(d) the duration or likely duration of work;

(e) any experience, training, ability, qualifications, and authorisation required by the hirer, by law, or by any professional body and any other conditions attaching to the position the hirer seeks to fill;

(f) the terms offered in respect of the position the hirer seeks to fill;

(g) a copy of the terms between the employment agency or employment business and the hirer, and any document recording any variation of the terms;

(h) the names of work-seekers introduced or supplied;

(i) details of each resulting engagement and date from which it takes effect;

(j) the dates of requests by the employment agency or employment business for fees or other payment from the hirer and of receipt of such fees or other payments, and copies of statements or invoices.

(4) The records mentioned in paragraph (1) must be kept—

(a) for a period of at least one year starting with the date of their creation; and

(b) for a period of at least one year starting with the date on which the employment agency or employment business last provided services in the course of its business as an employment agency or an employment business to the applicant to whom they relate.

(5) The obligation to keep records of the particulars referred to in paragraph (1) does not apply to applications in respect of which the employment agency or employment business takes no action.

(6) The records mentioned in paragraph (1) must be kept by an employment agency or employment business either—

(a) at any premises it uses for or in connection with the carrying on of an employment agency or employment business; or

(b) at another location where the records are readily accessible by it.

(7) The records an employment agency or employment business is required to keep pursuant to this regulation may be kept in electronic form, provided that the information so recorded is capable of being reproduced in legible form.”

(3) In paragraph (1) of regulation 8 (offences) for “7(1), (2) or (5)” substitute “7(1), (4) or (6)”.

(1)

S.I. 2014/1615.