By BRIAN FALLOW
Recruitment firms are warning of dire consequences for the temping industry if the Employment Relations Bill passes as it stands.
The bill, now being debated in Parliament under urgency, requires that when an employee is hired and no collective agreement applies, the employee get a written agreement which includes
a description of the work, an indication of when the work is to be done, and the level of pay.
The employee must also have a "reasonable opportunity" to seek independent advice about the agreement.
The Recruitment and Consulting Services Association says temps are often required at such short notice that such requirements cannot be complied with.
"It is an industry standard to take a brief from a client, identify and contact a prospective worker and confirm back to the client whether someone can complete the assignment, all with a 15-minute turnaround," said association director Jane Fanselow.
Most temporary assignments do not have written job descriptions and even where one exists most potential employees do not have a fax at home, Ms Fanselow said.
The courts have ruled that temps become employees of the consultancy through which they accept an assignment, for the assignment's duration.
John Henderson of recruitment consultants Horizon Group said that given the penalties the Employment Relations Authority would be able to impose for breaches of the law, and in the absence of guidance from the courts on what counts as a "reasonable" opportunity to take advice or an "indication" of work times, firms would be reluctant to take the risk of making placements at short notice.
The recruitment association asked Labour Minister Margaret Wilson on Monday to confirm in writing that it would be acceptable for consultancies, when registering people for temporary work, to have them sign a document saying they agreed to work on any site anywhere in New Zealand, in any capacity, on any day at any time, at a pay rate above the minimum adult average wage, provided they verbally accepted the assignment detailed to them.
"This is the only way we can see that competition will be able to operate within the confines of the act."
