Which law makes it illegals for a firm to charge for seeking jobs ?

[Boo]

Hi,

Can anyone tell me which law it is that makes it illegal for an agency to charge a candidate for seeking work on their behalf ? A link to the actual statement of the law would be useful too.

Many thanks,

Boo2

[Clare@InTouch]

There's a leaflet from the TUC here that includes not charging agency workers if that helps:

http://www.tuc.org.uk/tuc/agencyworkers.pdf

No fees
An employment agency cannot charge
you a fee simply for finding you work
or putting you on their books.
(Until recently this was legal in the
entertainment or modelling sectors.)

I'm not sure on the actual legislation though.

[Boo]

There's a leaflet from the TUC here that includes not charging agency workers if that helps:

http://www.tuc.org.uk/tuc/agencyworkers.pdf

No fees
An employment agency cannot charge
you a fee simply for finding you work
or putting you on their books.
(Until recently this was legal in the
entertainment or modelling sectors.)

I'm not sure on the actual legislation though.

Thanks for the pointer, but I am really loking for an exact statement of the law.

Boo

[Clare@InTouch]

Thanks for the pointer, but I am really loking for an exact statement of the law.

Boo

It might be here:

The Conduct of Employment Agencies and Employment Businesses Regulations 2003

[cojak]

Thanks for the pointer, but I am really loking for an exact statement of the law.

Boo

Here it is:

The Conduct of Employment Agencies and Employment Businesses Regulations 2003

PART VI
CLIENT ACCOUNTS AND CHARGES TO WORK-SEEKERS
Circumstances in which fees may be charged to work-seekers
26.—(1) Subject to paragraphs (3) and (4), the restriction on charging fees to work-seekers contained in section 6(1)(a) of the Act(17) shall not apply in respect of a fee charged by an agency for the service provided by it of finding or seeking to find a work-seeker employment in any of the occupations listed in Schedule 3.

[CJ - Schedule 3 states the entertainment industry, music and that kind of work].

Horses mouth here: The Conduct of Employment Agencies and Employment Businesses Regulations 2003 No. 3319

This is actually a bit of a maze. The original legislation is tucked away in section 6(1) Employment Agencies Act 1973.

http://www.legislation.gov.uk/ukpga/...9730035_en.pdf

6.-(1)Except in such cases or classes of case as the Secretary of State may prescribe,a person carrying on an employment agency or an employment business shall not demand or directly or indirectly receive from any person any fee for finding him employment, or for seeking to find him employment.
(2)Any person who contravenes this section shall be guilty of an offence and liable on summary conviction to a fine not exceeding £400.

BUT HERE'S THE KICKER FOR UNSCRUPULOUS AGENCIES.

They CAN charge for other services such as CV writing, portfolio preparation, training and the like.

So be careful how you meet them or have them 'review' your CV or offer you advice.

This is an excellent translation of the regs:
http://www.bis.gov.uk/files/file24248.pdf

(PS. The TUC got it wrong, only photographic and modelling agencies are now included in the Regs, other media agencies are still out.)

[cojak]

This is how other TLA companies mentioned on this forum can charge you for 'finding work'.

The trick is they will never find you work (that's just the bait to reel you in), they will charge you for changing the font on your CV (which, of course will always need updating...)

[cojak]

Updated to add the 1973 Regs.

[malvolio]

Thre is a corrolary here that gets ignored. Opt out of the Regs and you opt out of the restriction. Which means you could then pay the agent, rather than the client paying them, which might then mean they take your side rather more seriously.

But it'll never happen.