PART IIGENERAL OBLIGATIONS
Entering into a contract on behalf of a client11
1
An employment business shall not enter into, nor purport to enter into, a contract –
a
on behalf of a work-seeker, with a hirer; or
b
on behalf of a hirer, with a work-seeker.
2
An agency shall not enter into, nor purport to enter into, a contract –
a
on behalf of a work-seeker, with a hirer; or
b
on behalf of a hirer, with a work-seeker,
unless the requirements in paragraph (3) are satisfied.
3
The requirements referred to in paragraph (2) are that –
a
the person for whom the agency acts has appointed the agency as his agent with authority to enter into the contract on his behalf; and
b
where the agency acts for the work-seeker, it is permitted by regulation 26(1) to charge a fee in relation to the introduction or supply to which the contract relates.
4
Where an agency enters into a contract on behalf of a work-seeker with a hirer, or on behalf of a hirer with a work-seeker, the agency shall ensure that the terms of the contract are notified to the party on whose behalf the agency entered into the contract, as soon as is reasonably practicable and in any event no later than the end of the fifth business day following the day on which the agency entered into the contract.
5
Where an agency enters into a contract on behalf of a work-seeker with a hirer, or on behalf of a hirer with a work-seeker, the agency shall ensure that the terms of the contract are notified to the party or parties to the contract other than the party on whose behalf the contract was entered into, as soon as is reasonably practicable and in any event no later than the end of the fifth business day following the day on which the agency entered into the contract.
6
An agency shall not enter into a contract between a work-seeker and a hirer on behalf of both the work-seeker and the hirer.