Labour Hire
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Labour hire is a form of employment in which an
employer Employment is a relationship between two parties regulating the provision of paid labour services. Usually based on a contract, one party, the employer, which might be a corporation, a not-for-profit organization, a co-operative, or any othe ...
directs their
de jure In law and government, ''de jure'' ( ; , "by law") describes practices that are legally recognized, regardless of whether the practice exists in reality. In contrast, ("in fact") describes situations that exist in reality, even if not legally ...
employees ('labour hire employees', or 'agency workers') to perform work at an external workplace, belonging to a client of the legal employer. In a labour hire arrangement, an employee has no direct
employment contract An employment contract or contract of employment is a kind of contract used in labour law to attribute rights and responsibilities between parties to a bargain. The contract is between an "employee" and an "employer". It has arisen out of the old ...
with their place of work. A Labour-hire agency employs workers who are then ‘on-hired’ to perform labour for a second party organisation. The Labour hire agency is responsible for payment and other employee entitlements. The second party organisation directs the worker tasks. Labour hire is distinct from the more general practices of temporary staffing, or
outsourcing Outsourcing is an agreement in which one company hires another company to be responsible for a planned or existing activity which otherwise is or could be carried out internally, i.e. in-house, and sometimes involves transferring employees and ...
; as those concepts aren't predicated on an employee not having a legal contract of employment with their
workplace A workplace is a location where someone Work (human activity), works, for their employer or themselves, a place of employment. Such a place can range from a Small office/home office, home office to a large office building or factory. For Indust ...
. It is also distinct from the concept of Independent contracting; as a
contract of employment An employment contract or contract of employment is a kind of contract used in labour law to attribute rights and responsibilities between parties to a bargain. The contract is between an "employee" and an "employer". It has arisen out of the old ...
exists.


Labour hire industry

Labour Hire is a popular form of employment for industries that need manpower for short periods of time, or there are seasonality or other temporal factors reducing the need for direct administrative relationships with employees. Industries that commonly use labour hire include; construction, landscaping, mining, event management, fruit picking, cleaning, civil (ie. traffic control, labourers), and security. The hiring of workers from Labour hire companies, provides businesses with extreme flexibility in sourcing labour, and they can alter their workforce rapidly with minimal legal constraints; as the legal employment relationship resides with another employer. i.e. a ‘no-strings-attached’ style. Public information on the size of the international labour hire industry is not available. Additionally, many of the major players in the labour hire industry such as Hays do not separately account for fees generated through labour hire, from other recruitment fees within their annual reports. However, annual reports disclosed by the labour hire industry indicate that industry revenue is in excess of hundreds of billions of dollars. Major players in the international labour hire industry include Hays,
Persol Holdings Persol Holdings (rebranded from Temp Holdings) is a Japanese human resource management company, that provides labour hire Labour hire is a form of employment in which an employer directs their de jure employees ('labour hire employees', or 'ag ...
,
Recruit __NOTOC__ Recruit can refer to: Military * Military recruitment * Recruit training, in the military * '' Rekrut'' (English: Recruit), a military recruit or low rank in German-speaking countries * Seaman recruit Books *''Le Réquisitionnaire'' (E ...
,
ManpowerGroup ManpowerGroup (formerly known as Manpower Inc.) is a Fortune 500 American multinational corporation headquartered in Milwaukee, Wisconsin. Founded in 1948 by Elmer Winter and Aaron Scheinfeld, ManpowerGroup is the third-largest staffing firm in ...
,
Adecco The Adecco Group, is a Swiss-French company based in Zurich, Switzerland, and is the world's second largest Human Resources provider and temporary staffing firm, and a Fortune Global 500 company. They directly employ 700,000 people a day ...
,
Randstad The Randstad (; "Rim" or "Edge" City) is a roughly crescent-shaped conurbation in the central-western Netherlands, consisting primarily of the four largest Dutch cities (Amsterdam, Rotterdam, The Hague, and Utrecht); their suburbs, and many tow ...
, and
Serco Serco Group plc is a British company with headquarters based in Hook, Hampshire, England. Serco primarily derives income as a contractor for the provision of government services, most prominently in the sectors of health, transport, justice, i ...
.


Regulatory approaches

The regulatory approach to labour hire varies greatly by jurisdiction. In the European Union, the Temporary Agency Work Directive 2008 guarantees that all people working through
employment agencies An employment agency is an organization which matches employers to employees. In developed countries, there are multiple private businesses which act as employment agencies and a publicly-funded employment agency. Public employment agencies One ...
must have equal pay and conditions with employees in the same business, performing the same work. In the
United Kingdom The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Europe, off the north-western coast of the continental mainland. It comprises England, Scotland, Wales and North ...
, a parallel law was enacted to implement that directive. Labour hire is similarly regulated in
South Africa South Africa, officially the Republic of South Africa (RSA), is the southernmost country in Africa. It is bounded to the south by of coastline that stretch along the South Atlantic and Indian Oceans; to the north by the neighbouring countri ...
and
Namibia Namibia (, ), officially the Republic of Namibia, is a country in Southern Africa. Its western border is the Atlantic Ocean. It shares land borders with Zambia and Angola to the north, Botswana to the east and South Africa to the south and ea ...
. In Australia, Labour hire is not specifically regulated at the
federal level Federal or foederal (archaic) may refer to: Politics General *Federal monarchy, a federation of monarchies *Federation, or ''Federal state'' (federal system), a type of government characterized by both a central (federal) government and states or ...
, although a number of licensing regimes exist to regulate the conduct of labour hire firms across the States and territories. In Japan, contract workers must be paid same allowances as salaried staff but need not be given same pensions and bonuses.


Terminology

The concept has varying
English language English is a West Germanic language of the Indo-European language family, with its earliest forms spoken by the inhabitants of early medieval England. It is named after the Angles, one of the ancient Germanic peoples that migrated to the is ...
names, depending on jurisdiction. While referred to as 'labour hire' in
Australia Australia, officially the Commonwealth of Australia, is a Sovereign state, sovereign country comprising the mainland of the Australia (continent), Australian continent, the island of Tasmania, and numerous List of islands of Australia, sma ...
and
Namibia Namibia (, ), officially the Republic of Namibia, is a country in Southern Africa. Its western border is the Atlantic Ocean. It shares land borders with Zambia and Angola to the north, Botswana to the east and South Africa to the south and ea ...
, it is referred to as ''labor contracting'' or ''
permatemp Permatemp is a U.S. term for a temporary employee who works for an extended period for a single staffing client. The word is a portmanteau of the words '' permanent'' and ''temporary''. There are two types of permatemp employment relationships. ...
ing'' in the
United States The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territorie ...
, and as
Labour brokering Labour brokering is a South African term for a form outsourcing practiced (and formerly practiced in Namibia, where it was known as labour hire) in which companies contract labour brokers to provide them with casual labour. Labour brokers are dif ...
in
South Africa South Africa, officially the Republic of South Africa (RSA), is the southernmost country in Africa. It is bounded to the south by of coastline that stretch along the South Atlantic and Indian Oceans; to the north by the neighbouring countri ...
. Labour hire employees are often referred to as 'agency workers' in the UK and the European Union. The term for labour hire provider also varies. Alternative terms include
Employment agency An employment agency is an organization which matches employers to employees. In developed countries, there are multiple private businesses which act as employment agencies and a publicly-funded employment agency. Public employment agencies One ...
(UK), professional employer organization (USA), among others.


See also

*
Employment agency An employment agency is an organization which matches employers to employees. In developed countries, there are multiple private businesses which act as employment agencies and a publicly-funded employment agency. Public employment agencies One ...
*
Temporary work Temporary work or temporary employment (also called gigs) refers to an employment situation where the working arrangement is limited to a certain period of time based on the needs of the employing organization. Temporary employees are sometimes ...


By country

*
Labour hire (Australia) In Australia, labour hire is referred to by the legal term of art labour hire arrangement, and refers to the employment practice of an employer supplying its employees to another workplace, for profit. Labour hire arrangements often overlap wit ...
* Labour brokering (Southern Africa) *
Labour hire in Namibia In Namibia, the issue of labour hire remains a controversy between the government, unions and labour brokering companies. The ILO categorizes two forms of subcontracting, namely job contracting (where a subcontractor supplies goods or services) and ...
* Permatemp (USA)


References

{{Portal, Organized labour Employment classifications