There is an expanded definition of temp agency services with respect to employment agencies using independent contractors as follows: In particular, prior to the introduction of this new act, it was noted that temporary agency workers were “poorly protected from exploitative behaviour” and often:[2] If you use employment services in Victoria, you should verify that your supplier is licensed (or at least has applied for a licence). To find out if a temporary agency worker provider is licensed, see Registers of Licensed Employment Agencies. To verify that a supplier has applied for a licence, consult the public register of the application for the hiring of labour received. As of October 30, 2019, only licensed agency workers can provide employment services. This was done through new legislation called the Labour Hire Licensing Act 2018 (Vic) (“Act”), which provided the following:[1] Therefore, with the introduction of the Act in Victoria, if you operate a business that is a supplier of employment contracts, you must be licensed. [3] Otherwise, you may face significant penalties if you provide employment services without an appropriate license. An employment agency recruits additional skilled and unskilled workers on behalf of an employer, often for temporary work. Similarly, from 30 October 2019, companies will be prohibited from hiring unlicensed temporary employment service providers. Companies will continue to be able to use unlicensed worker providers after October 30, 2019 if the providers applied for a license before October 30, 2019 and their application was not rejected. This obligation cannot be transferred to either by contract. WorkSafe has already sued the employment agency and the host following an incident at a host`s workplace where the court assigned the same responsibility. While there is no legal obligation to have a lease, it is beneficial for the employer, employee and hiring agency to have a document that effectively communicates the rights and obligations of the agency and the employer.
A written and signed document can provide effective protection in the event of a dispute. It could also save you money and a bunch of problems in the future. Employment contracts are used when a company hires an employee through an employment agency and describes the service the agency provides to the employer. An independent contractor contract is generally used when an employee is hired directly by the employer and sets the terms and conditions of employment. If you run a temporary employment agency, you play an important role in bringing together the right employees and employers. It is important that you are legally protected from litigation by using a written rental agreement with each customer. Suppliers who only provide persons excluded from the definition of employee in the LHL Act and the regulations of the LHL, such as certain seconded persons or students, are not considered to be suppliers of temporary workers and do not need to be licensed. You can find more information on our excluded employee categories page. If you are not sure whether you are a labour supplier, you should read the information on the types of temporary employment providers below under “Who is a labour supplier” or seek independent legal assistance for your particular situation. Temporary jobs (locations) do not require a temporary employment license unless they provide employment services to another company. If it is determined that you are providing temporary employment services without an appropriate licence, the Labour Hiring Permit Authority may apply to the court for any order the court deems appropriate against you. [10] Employment agency providers had six months from April 29, 2019 to register online and apply for a licence to continue operating in Victoria.
If you answered yes to the above, your company is most likely a supplier of temporary workers. [4] However, examples where your company may not be a labour supplier include: Similarly, the definition of temporary agency worker supplier may, in certain circumstances, extend to businesses providing contractor management services. [8] Examples of types of contractor management services that can be classified as labor suppliers include: If your site hires a company to provide people for work in your company, such as. B, security staff, cleaners and additional kitchen staff, you can use labor and be a host to hire labor. You must ensure that your lease is written in professional, clear and concise conditions that cover the responsibilities of your agency and your employer. Since the document must be several pages long to contain all the necessary details, you should divide the text into sections with subtitles and bullet points so that you can easily reference and find information. Licensed suppliers of temporary agency workers are required to report every 12 months on their hiring activities for workers over the past 12 months to improve transparency and integrity in the employment sector and monitor compliance. Essentially, a lease describes the relationship between the rental agency and the employer. .