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 ot ...
directs their
de jure
In law and government, ''de jure'' (; ; ) describes practices that are officially recognized by laws or other formal norms, regardless of whether the practice exists in reality. The phrase is often used in contrast with '' de facto'' ('from fa ...
employees ("labour hire employees", or "agency workers") to perform work at an external workplace, belonging to a client of the legal employer.
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 a business practice in which companies use external providers to carry out business processes that would otherwise be handled internally. Outsourcing sometimes involves transferring employees and assets from one firm to another ...
; 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 works, for their employer or themselves, a place of employment. Such a place can range from a home office to a large office building or factory. For industrialized societies, the workplace is one of the ...
. 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 m ...
exists.
Labour hire industry
Labour hire is often used by employers who want to engage staff temporarily, or have seasonal 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 (i.e. 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,
Recruit,
ManpowerGroup,
Adecco
The Adecco Group is a Swiss French company based in Zürich, Switzerland. It is the world's second largest human resources provider and temporary staffing firm. It is a ''Fortune'' Global 500 company and is listed on the SIX Swiss Exchange ...
,
Randstad NV
Randstad NV, commonly known as Randstad and stylized as randstad, is a Dutch multinational human resource consulting firm headquartered in Diemen, Netherlands. Along with Adecco, the company is one of the two largest staffing firms worldwide. ...
, and
Serco
Serco Group plc is a British multinational corporation, multinational military, defence, Healthcare, health, Space industry, space, private prison, justice, Human migration, migration, customer service, customer services, and transport company ...
.
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 Northwestern Europe, off the coast of European mainland, the continental mainland. It comprises England, Scotlan ...
, 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 Southern Africa, southernmost country in Africa. Its Provinces of South Africa, nine provinces are bounded to the south by of coastline that stretches along the Atlantic O ...
and
Namibia
Namibia, officially the Republic of Namibia, is a country on the west coast of Southern Africa. Its borders include the Atlantic Ocean to the west, Angola and Zambia to the north, Botswana to the east and South Africa to the south; in the no ...
.
In Australia, Labour hire is not specifically regulated at the
federal level, 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 that developed in early medieval England and has since become a English as a lingua franca, global lingua franca. The namesake of the language is the Angles (tribe), Angles, one of the Germanic peoples th ...
names, depending on jurisdiction. While referred to as "labour hire" in
Australia
Australia, officially the Commonwealth of Australia, is a country comprising mainland Australia, the mainland of the Australia (continent), Australian continent, the island of Tasmania and list of islands of Australia, numerous smaller isl ...
and
Namibia
Namibia, officially the Republic of Namibia, is a country on the west coast of Southern Africa. Its borders include the Atlantic Ocean to the west, Angola and Zambia to the north, Botswana to the east and South Africa to the south; in the no ...
, it is referred to as ''labor contracting'' or ''
permatemp
Permatemp is a United States 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''.
It can also describe a semi-permanent structure or ...
ing'' in the
United States
The United States of America (USA), also known as the United States (U.S.) or America, is a country primarily located in North America. It is a federal republic of 50 U.S. state, states and a federal capital district, Washington, D.C. The 48 ...
, and as
Labour brokering
Labour brokering is a South African term for a form outsourcing practiced (In Namibia, known as labour hire) in which companies contract labour brokers to provide them with casual labour.
Labour brokers are different from recruitment agencies i ...
in
South Africa
South Africa, officially the Republic of South Africa (RSA), is the Southern Africa, southernmost country in Africa. Its Provinces of South Africa, nine provinces are bounded to the south by of coastline that stretches along the Atlantic O ...
.
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
A professional employer organisation (PEO) is an outsourcing firm that provides services to Small and medium-sized enterprises, small and medium-sized businesses. Typically, the PEO offering may include human resource consulting, safety and risk ...
(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)
*
Labour brokering (Southern Africa)
*
Labour hire in Namibia
*
Permatemp (U.S.)
References
{{Portal, Organized labour
Employment classifications