REC Code of Practice - 2009

 

General
 
1. Members will ensure that they and their staff comply with the provisions of the 1973 Employment Agencies Act as amended, the Conduct of Employment Agencies and Employment Businesses Regulations 1976(1) and any future amendments, other relevant legislation, statutory codes and official guidance including that relating to equal opportunities and equal pay, taxation, health and safety, data protection, trade union membership, immigration, rehabilitation of offenders, telecommunications privacy and working time. Members will ensure that any revisions or updates of relevant legislation and codes including the REC Code are communicated to staff and adhered to accordingly.
 
2. Where a provision in this Code is less stringent than that of the Code of a specialist division (2) to which a member belongs, the relevant provision of the specialist division Code will apply.
 
3. Members will ensure that work seekers and hirers are made aware of the standards of practice required by this Code and any specialist codes that apply.
 
4. Corporate members will ensure that their staff are informed and trained to carry out their duties effectively, and that they seek to improve continually the performance of their staff by continuing development of their knowledge and skills.
 
5. Individual members will make every effort to avail themselves of appropriate training and development opportunities.
 
6. Members will comply with any REC guidance on ethical, commercial or statutory issues in the operation of their businesses, including the Rules of the REC where relevant and the requirements of the REC best practice code on equal opportunities. Failure to do so will be taken into account in any disciplinary proceedings or arbitration.
 
7. Members and their staff will deal with and represent themselves to work seekers, hirers and others fairly, openly, honestly and courteously at all times, and will safeguard against actions deemed to bring the recruitment industry into disrepute.
 
8. Members will ensure that temporary and contract workers supplied to clients are eligible to work in the UK. When introducing candidates for permanent or fixed term positions to be directly employed by the client, members will ensure that candidates and clients are aware of any eligibility criteria that may apply. Members should establish working practices in this respect that are in line with the REC’s guidance on equal opportunities and should safeguard against unlawful discrimination, in particular on the grounds of race or ethnic origin.
 
9. Any selection tests used, including psychometric and personality questionnaires should be relevant, properly validated and where appropriate conducted by trained or licensed personnel.
 
10. Clear agreement should be reached with work seekers and hirers about any expenses payable for attending interview or for any other purpose. Information on any expenses payable for attending interview should be given in writing before interview or commencement of an assignment, where possible.
 
11. Members will document accurately, contemporaneously and appropriately all stages of the recruitment process, including the results of interviews, tests and references.
 
12. Members will establish and operate in accordance with their own internal written complaints procedure (3) which should aim to effect swift and appropriate resolution of complaints. This procedure should be clearly communicated to all staff, work seekers and hirers and must be followed when dealing with complaints brought against the member.
 
13. Complaints raised with the REC against members by work seekers and other parties will be dealt with under the REC complaints and disciplinary procedures.
 
   
General Principles
 
Members will observe the highest principles of ethics, equity, integrity, professional conduct and fair practice in dealing with others and will conduct their business in a manner designed to enhance the operation, image and reputation of the recruitment industry and REC members. The REC will offer guidance, legal advice and training to members to help achieve these standards. Ethical conduct is not simply compliance with legal requirements but extends to honesty, respect for and equitable treatment of others, integrity and social responsibility. It is conduct that holds up to disclosure and to public scrutiny. Members and their staff will act towards other members and non-members, candidates, clients and others at all times in good faith. Members should actively seek to support and uphold the mission and values of the REC. REC has an important role to play in continuously improving standards within the recruitment industry. This Code is binding on all corporate members of the REC and their subsidiary/associate companies. Where a member operates in a sector or sectors covered by one or more of the REC’s industry sector codes of practice, the requirements of the applicable code or codes are also binding. Complaints against REC members from candidates, clients or others can be investigated under the REC Complaints & Disciplinary Procedure.
 
Principle 1 – Respect for Laws
 
a. Members and their staff must comply with all relevant legislation, statutory and non-statutory requirements and official guidance and any future amendments to such requirements during the course of providing their services to others.
 
Principle 2 – Respect for Honesty and Transparency
 
a) Members will act honestly in all dealings with work seekers, clients, members, non-members and others.
 
b) In the course of representing a work seeker or client, a member shall not knowingly make a false or inaccurate statement, fail to disclose a material fact, or make a representation as to future matters without having reasonable grounds for making it.
 
c) Members must adhere to principles of truth in advertising and will only advertise positions, through any medium, for which they have documented permission to recruit.
 
d) All fees, charges and services provided must be explicitly and fully disclosed to clients prior to the acceptance of an assignment, or prior to any work being undertaken for a client.
 
e) Members should document all key stages of the recruitment process in line with relevant legislation and good practice guidance.
 
Principle 3 – Respect for Work Relationships
 
a) Members will not undertake actions that may unfairly or unlawfully jeopardise a work seeker’s employment.
 
b) Members will not undertake actions that may unfairly or unlawfully interfere in work relationships established by others.
 
c) Members will not attempt unfairly or unlawfully to prevent a work seeker from seeking work from other sources.
 
d) Members will in their dealings with all other REC members and non-members treat them with respect and aim to work in a fair and open competitive environment.
 
Principle 4 – Respect for Diversity
 
a) Members should adhere to the spirit of all applicable human rights, employment laws and regulations and will treat work seekers, clients and others without prejudice or unjustified discrimination. Members should not act on an instruction from a client that is discriminatory and should, wherever possible, provide guidance to clients in respect of good diversity practice.
 
b) Members and their staff will treat all work seekers and clients with dignity and respect and aim to provide equity of employment opportunities based on objective business related criteria.
 
c) Members should establish working practices that safeguard against unlawful or unethical discrimination in the operation of their business.
 
Principle 5 – Respect for Safety
 
a) Members will act diligently in assessing risks to work seekers and clients and will not knowingly put at risk candidates, clients or others.
 
b) Members will inform work seekers whenever they have reason to believe that an engagement may cause a risk to health and safety.
 
Principle 6 – Respect for Professional Knowledge
 
a) Members will work diligently to develop and maintain a satisfactory level of relevant and current professional knowledge.
 
b) Members will ensure that their staff are adequately trained and skilled to undertake their responsibilities in recruitment practice.
 
Principle 7 – Respect for Certainty of Engagement
 
a) Members must supply work seekers with full details of the work, conditions of employment, nature of the work to be undertaken, rates of pay, method and frequency of payment, and pay arrangements in accordance with requirements of current legislation.
 
b) Members will ensure that any variation to the engagement can only occur with prior notification and agreement of the worker.
 
Principle 8 – Respect for Prompt and Accurate Payment
 
a) Members will pay promptly and accurately any wages and benefits due in accordance with any agreed terms and legal requirements.
 
b) Members should not penalise temporary/contract workers, for example for having been late or failed to attend part or all of an assignment or for poor performance, by making deductions from pay due for time that they have actually worked.
 
c) Members will not take on assignments that could result in their inability to pay temporary/contract workers.
 
 
Principle 9 – Respect for Ethical International Recruitment
 
a) Members must supply all overseas work seekers with the same level of information as set out and implied in Principle 7. In addition, information provided should include details of the likely cost of living in the area the prospective hirer is situated, the likely length of the job in question and the state of the employment market the field they are being recruited into. All information must be provided at no cost to the work seeker.
 
b) Members must ensure that in relation to overseas recruitment they abide by all relevant legislation and Home Office guidelines and provide all relevant and applicable information to work seekers, clients and others.
 
c) Members recruiting from outside the UK must not use overseas agents who charge for their services, unless that is the legal and normal custom and practice sanctioned by the government of the country of origin. In addition, members must make all reasonable efforts to ascertain such information about any agents used and should be able to demonstrate that they have done so.
 
d) Members should observe the highest principles of social responsibility, integrity, professionalism, equity and fair practice in their dealings with all overseas work seekers.
 
Principle 10 – Respect for Confidentiality and Privacy
 
a) Members must observe the highest principles of integrity, professionalism, equity and fair practice to maintain the confidentiality and privacy of candidate and client information and should respect the confidentiality of records in accordance with the law and good business practice.
 
b) Members and their staff must ensure that permission has been obtained and documented before disclosing, displaying, submitting or seeking confidential or personal information.

Last Updated Friday, April 03 2009 @ 05:26 AM GMT|448 Hits

Navigation