Reading time: 3 minutes

It is certainly possible for there to be a transfer of employment whereby an agency or labour hire employee becomes a temporary employee of the host business client. This may be done at the request of the host business client, at the insistence of the labour hire employer or as a natural incident of the working arrangement. However, before a transfer of employment can occur, certain aspects of the transfer must be considered.

There can be no transfer without consent.

A transfer of employment cannot occur, unless and until the employee either expressly or impliedly consents to the change. Thus, at the outset it is important to consult with the employee, make them aware of the proposed change and obtain their written consent to the same. Towards this end, it is prudent to draft a temporary and or permanent transfer agreement between the business host client, employee and your business. Such an agreement will take the guesswork out of the transfer by clearly defining the scope of the transfer, as well as the rights and responsibilities of all involved.

What degree of control, if any, do you wish to maintain over the worker?

In undertaking a transfer of employment you must define what degree of control, if any, you wish to continue to exert over the transferred employee. You must decide whether you will play an active role in the day-to-day activities of the employee and if so to what degree. Alternatively, you may simply wish to act as a conduit for the business host client and pay the employees wages and deal with the ongoing costs, such as workers compensation and insurance.

Who bears the liability for the transferred employee?

Under the law, labour hire companies have a non-delegable duty of care to ensure that:

  1. the host workplace is safe,
  2. the host employer has in place appropriate safety systems,
  3. the tasks for which the employee is hired are clearly defined, and that
  4. the worker is provided with safe plant and equipment.

Accordingly, when undertaking a transfer of employment it is paramount to ensure that you also transfer liability for the employee to the host business. The degree of liability transferred is up to you and it is possible for you and the host business client to share responsibility for the worker. The degree of liability maintained will depend upon your particular circumstances and preferences.

Conclusion

Whilst the transfer of an employee from a labour hire company to a host business client is possible. It brings with it certain considerations that must be addressed before a smooth and effective transfer can take place. Whether you are seeking to transfer an employee permanently or under a more temporary arrangement, our team of LegalVision employment lawyers would be happy to assist you with any questions or queries that you may have. Contact us on 1300 544 755 for more information.

Webinars

Redundancies and Restructuring: Understanding Your Employer Obligations

Thursday 7 July | 11:00 - 11:45am

Online
If you plan on making a role redundant, it is crucial that you understand your employer obligations. Our free webinar will explain.
Register Now

How to Sponsor Foreign Workers For Your Tech Business

Wednesday 13 July | 11:00 - 11:45am

Online
Need web3 talent for your tech business? Consider sponsoring workers from overseas. Join our free webinar to learn more.
Register Now

Advertising 101: Social Media, Influencers and the Law

Thursday 21 July | 11:00 - 11:45am

Online
Learn how to promote your business on social media without breaking the law. Register for our free webinar today.
Register Now

Structuring for Certainty in Uncertain Times

Tuesday 26 July | 12:00 - 12:45pm

Online
Learn how to structure to weather storm and ensure you can take advantage of the “green shoots” opportunities arising on the other side of a recession.
Register Now

Playing for the Prize: How to Run Trade Promotions

Thursday 28 July | 11:00 - 11:45am

Online
Running a promotion with a prize? Your business has specific trade promotion obligations. Join our free webinar to learn more.
Register Now

Web3 Essentials: Understanding SAFT Agreements

Tuesday 2 August | 11:00 - 11:45am

Online
Learn how SAFT Agreements can help your Web3 business when raising capital. Register today for our free webinar.
Register Now

Understanding Your Annual Franchise Update Obligations

Wednesday 3 August | 11:00 - 11:45am

Online
Franchisors must meet annual reporting obligations each October. Understand your legal requirements by registering for our free webinar today.
Register Now

Legal Essentials for Product Manufacturers

Thursday 11 August | 11:00 - 11:45am

Online
As a product manufacturer, do you know your legal obligations if there is a product recall? Join our free webinar to learn more.
Register Now

About LegalVision: LegalVision is a commercial law firm that provides businesses with affordable and ongoing legal assistance through our industry-first membership.

By becoming a member, you'll have an experienced legal team ready to answer your questions, draft and review your contracts, and resolve your disputes. All the legal assistance your business needs, for a low monthly fee.

Learn more about our membership

Need Legal Help? Submit an Enquiry

If you would like to get in touch with our team and learn more about how our membership can help your business, fill out the form below.

Our Awards

  • 2020 Innovation Award 2020 Excellence in Technology & Innovation Finalist – Australasian Law Awards
  • 2020 Employer of Choice Award 2020 Employer of Choice Winner – Australasian Lawyer
  • 2020 Financial Times Award 2021 Fastest Growing Law Firm - Financial Times APAC 500
  • 2020 AFR Fast 100 List - Australian Financial Review
  • 2021 Law Firm of the Year Award 2021 Law Firm of the Year - Australasian Law Awards
  • 2022 Law Firm of the Year Winner 2022 Law Firm of the Year - Australasian Law Awards