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An Amendment to The Conduct of Employment Agencies and Employment Businesses Regulations (Northern Ireland) 2005 - a Public Consultation 2009

The Employment (Miscellaneous Provisions) (Northern Ireland) Order 1981 and the Conduct of Employment Agencies and Employment Businesses Regulations (Northern Ireland) 2005 (‘the Conduct Regulations’) govern the conduct of the private recruitment industry and set minimum standards for Employment Agencies and Employment Businesses operating from premises in Northern Ireland. All Employment Agencies and Employment Businesses must comply with the provisions in the legislation which are designed to protect both work-seekers and hirers. The purpose of this consultation is to gather information and views (from interested parties including those who may be affected by the proposed amendments to the Conduct Regulations) on a package of measures designed to clarify the lines of responsibility between agencies and hirers, further reduce regulatory burdens, target abuse and ensure that essential protections remain in place for the most vulnerable agency workers.

The Proposals

The Department wants to examine the following areas:

  1. Suitability checks for permanent recruitment;
  2. Upfront fees charged by modelling and entertainment agencies;
  3. Temporary workers employed through umbrella companies;
  4. Requirements to agree terms with work-seekers and hirers; and
  5. Requirements when placing advertisements.

In addition to the above the Department is also planning to exempt the Northern Ireland Deanery (The Northern Ireland Medical and Dental Training Agency (NIMDTA)) from the scope of Employment Agency legislation to correct an anomaly where as a result of a National Health Service re-organisation they have fallen within the scope of  The Employment (Miscellaneous Provisions) (Northern Ireland) Order 1981 and are currently subject to Employment Agency legislation. The Post Graduate Medical Deanery (NIMDTA) was previously exempt and it was never the original intention that it would be covered by this Order

View Consultation Document

Starting Date: 6th July 2009

Closing Date: 28th September 2009

Responses to this consultation must be received by 28th September 2009.

If you wish to respond to this public consultation please write to the address below.

You can also fax or e-mail your response to:-

Valerie Reilly
Department for Employment and Learning
Employment Relations Policy and Legislation Branch
Room 203
Adelaide House
39-49 Adelaide Street
BELFAST
BT2 8FD
E-mail: employment.rights@delni.gov.uk
Telephone: 028 902 57493
Fax: 028 902 57555