ABOUT ACSESS: Business Practices

ACSESS will continue in its commitment to the enhancement of existing Guidelines and the development of a toolbox of reference materials to assist our members.

ACSESS Guidelines for Staffing Services in Canada:

  • Determining Right of Referral and Placement
  • Workforce Transfer Guidelines
  • The practice of headhunting for Staffing Professionals
  • Applicable Law
  • Independent Agency
  • ACSESS Case Studies

ACSESS Guidelines for Staffing Services in Canada:
Determining Right of Referral and Placement

(Updated from the original guideline published by the Association of Professional Placement Agencies and Consultants)

1. DETERMINING A BONA FIDE REFERRAL

A referral is bona fide when all the following are completed:

(i) The Employer agrees to accept the introduction of candidate(s) and their résumé(s) from the Staffing Service;

(ii) The Staffing Service informs the Candidate of the name and location of the Employer, including the name of the individual to whom the Candidate will report for an interview;

(iii) When the Employer is informed of the Candidate's name and qualifications or a résumé has been sent to the Employer and evidence of the timing of receipt has been established;

(iv) When both the Employer and Candidate agree, either directly or by authorized arrangement of the Staffing Service, on a commitment to an interview.

It is the responsibility of the Staffing Service to ensure it understands the client's internal policies and processes for staffing, and is dealing with the person who has hiring authority.

2. IF MORE THAN ONE

Staffing Service has made a bona fide referral of the same Candidate to the same Employer, the Staffing Service entitled to the fee shall be determined by the following:

i. If the Employer is composed of two or more divisions or units and each division or unit has it's own independent hiring authority such divisions or units will be considered as separate Employers and the Staffing Service referring the Candidate to the division or unit hiring him/her is entitled to the fee.

ii. In the situation where two Staffing Services refer a Candidate to the same Employer, or the same division or unit of an Employer which division or unit has its own independent hiring authority, then the Staffing Service making the earliest bona fide referral shall be entitled to the fee; provided however, that if the subsequent bona fide referral occurs thirty or more days after the original interview of Candidate by Employer, and no active interest or consideration is being given the Candidate as a result of the earliest bona fide referral the employment shall be presumed to be the result of the subsequent bona fide referral and that Staffing Service shall be entitled to the fee. The earliest bona fide referral shall be determined by the date the interview was arranged and not the date the interview actually took place.

iii. It is recognized, however, employers may, from time to time, establish selection criteria differing from the above recommended guidelines. Should a Staffing Service and Employer agree to alternative selection criteria, then that criteria shall take precedence.

3. REFERRAL RE: RÉSUMÉS

i. If a Staffing Service submits a résumé to a company at its request and the company, after reviewing the résumé, seeks out and hires the Candidate the Staffing Service has clearly been responsible for having brought about the introduction and is due a fee according to the service's fee schedule.

ii. However, should another Staffing Service arrange the bona fide referral, then it is entitled to the fee. This is to discourage the practice of sending out résumés and trying to collect a fee when in fact another service has established rapport and accomplished arranging the interview. A résumé is binding only when there is no other Staffing Service involved. Two services sending the same résumé to the same company automatically disqualifies one service when the other service arranges an actual bona fide referral. In other words, the service that "caused" the placement to take place is entitled to the fee.

4. CONCLUSION

ACSESS members are expected to present the highest standards of professionalism in the Staffing Services industry. Adherence to fairness, integrity, common sense, respect and sound business practices will provide value to Employer, Candidate and Staffing Service relationships.

To ensure professionalism the following procedures are recommended:

i. Fee terms should be discussed and forward to all clients to avoid misunderstandings;

ii. A documented job order should be on file at service office;

iii. Notice of candidate introduction and résumé identification should follow arrangement;

iv. Hire confirmed (verbally and/or written).

ACSESS Guidelines for Staffing Services in Canada:
Workforce Transfer Guidelines

Workforce Transfer:
[Definition] The conversion of a temporary worker or independent contractor from one staffing supplier to another at the request of a client company.

This conversion may occur as a result of an RFP process, consolidation of a multiple supplier base, a service satisfaction issue with the current supplier or a client decision to utilize a new staffing service. A workforce transfer is the conversion of any temporary or contract worker at the direction of the client company to the payroll and database of another staffing supplier and may involve one, a few or thousands of workers at the request of the client company.

ACSESS recognizes that all businesses operate in a competitive environment and are driven by the need to meet the demands of clients. Thus it is incumbent upon all businesses to take independent steps to protect their business, and to have agreements in place with their clients. Such agreements for the provision of staffing services should include reference to vendor, client and employee relationships in the event that the agreement is terminated.

Recommended Bidding Practices for ACSESS members:

1. As part of any bidding process, members should outline the "transition period and methodology," of a workforce transfer.

a. When a bidding company receives notification that they have been declined from further consideration, the declined staffing service should begin negotiations with their client regarding their exit strategy from their agreement/partnership.

b. Negotiations should commence soon after receiving notification. The transition method should be determined based on potential customer contractual obligations, related to incumbent contracts, time cards, and invoices, or any additional and pertinent issues relevant to the business relationship as it existed between the client and the exiting staffing supplier.

c. Upon notification of a declined bid or proposal, the declined staffing firm has an obligation to its temporary or contract workers to notify them of the current situation, providing as much information as is available.

d. The outgoing firm and its employees should, whenever feasible, be given reasonable prior notice that the account is being transferred; assigned employees of the outgoing firm should, whenever feasible, be allowed to continue working on the payroll of the outgoing firm for some reasonable transition period; thereafter, they should be given the choice of accepting an assignment with another customer of the outgoing firm if one is available, or applying to stay on their current assignment with the new staffing firm.

It is expected that the parties will negotiate reasonably and in good faith.

2. These guidelines are not intended to prohibit or discourage any other provisions or arrangements, agreeable to the parties that achieve an orderly transfer of accounts. ACSESS members are encouraged, whenever feasible, to specifically address the terms and conditions relating to the transfer of accounts in written agreements with their customers.

ACSESS Guidelines for Staffing Services in Canada:
The practice of headhunting for Staffing Professionals

Adopted October 2004

Revised December 2007

As with many other industries where the key asset of a business is its people, the staffing industry has traditionally experienced a fairly significant movement of employees within the industry.

Guideline

The ACSESS Code of Ethics & Standards states that a member "will not misuse membership privileges for the purpose of recruiting a member's staff, or in any way that may otherwise injure our candidates, employees or competitors".  ACSESS also recognizes that it cannot, and should not, restrict the right of staffing professionals to seek employment of their choice.
The following is therefore presented as a reference for Member Firms and Staffing Professionals:

  1. ACSESS members are encouraged to publicly announce and advertise all job opportunities for recruiters and consultants, and other positions within the staffing services industry;
  2. ACSESS prohibits the use of membership lists, both paper and electronic, as a means to solicit prospective employees;
  3. ACSESS prohibits individual professionals or member firms from using association events, event lists, and exhibits as a recruitment opportunity.

Applicable Law

Both the Code of Ethics and the ACSESS Guidelines are subject to the applicable legislation in the jurisdiction in which a company operates.

It is, therefore, the company's responsibility to interpret the Code of Ethics and the ACSESS Guidelines in accordance with all appropriate Federal and Provincial legislation.

Independent Agency

ACSESS recognizes that each owner or manager of a Personnel Placement Agency or Temporary Service Company is free to conduct his/her business in any way (s)he sees fit. As such, it is not ACSESS's intention to interfere in any way in the day to day management of any member company.

However, all companies wishing to be members of ACSESS are obligated to adhere to both the letter and the intent of the Code of Ethics and the ACSESS Guidelines.