International recruitment of health and social care personnel: code of practice - March 2023 (revised)

Definitions

"Active International Recruitment"

'Active international recruitment' in the code is defined as the process by which health and social care employers (including local authorities),contracting bodies, recruitment organisations agencies, collaborations and sub-contractors target individuals, to market Scottish employment opportunities, with the intention of recruiting to a role in the Scottish health or social care sector, It includes both physical or virtual targeting, and whether or not these actions lead to substantive employment. This can include, but is not limited to, advertising to candidates through a medium, incentivisation activities such as referral bonus schemes, and referring candidates to specific vacancies in Scotland in return for a fee from the employing organisation. It is illegal under section 6(1) of the Employment Agencies Act 1973 for recruitment organisations of any type to charge fees to the individual applicant for job finding services.

The only exception to this definition is where a candidate has already been appointed by a Scottish employer following an independent direct application and selection without the support of a recruitment organisation agency or collaboration, (defined below).

In this case, if required, these organisations can support and facilitate the employee's passage to the UK. In such cases, it is the responsibility of the recruitment organisation, agency or collaboration, if challenged, to evidence that the services they are providing are permitted under this exception.

Direct Application

For the purpose of this code of practice, a 'direct application' is when an individual makes an application directly and on their own behalf to an employing organisation. Direct applications do not use a third party, such as a recruitment organisation, agency or collaboration.

Individual health and social care employers may consider direct applications from individuals resident in countries on the 'World Health Organization (WHO) Workforce Support and Safeguard List, 2023' (see Annex A red and amber list countries ) if they have made a direct application to a vacancy at their organisation. A direct application can only be made in response to a vacancy which is hosted by, and recruited to, the same sponsoring organisation.

Resident

For the purpose of this code of practice, 'resident' refers to the country an individual is living in when they apply for a health or social care job. The rules on active recruitment and direct applications are based on the country within which an individual is resident when they apply for health or social care job, rather than the nationality of the individual or their original country of training.

Employment Agency

The term employment agency or employment agencies is used to describe a business that recruits candidates for vacant positions (permanent or temporary), for health and social care employers in need of personnel. This includes the statutory definition set out in section 13(2) of the Employment Agencies Act 1973 as "a business (whether or not carried out with a view to profit and whether or not carried out in conjunction with any other business) providing services (whether by the provision of information or otherwise) for the purpose of finding workers employment with employers with employers or of supplying employers with workers for employment by them.

Recruitment organisation

For the purpose of this code of practice, a recruitment organisation is an organisation that recruits candidates to vacant positions (permanent or temporary) on behalf of a health or social care employer whether or not it is on a commercial basis. Recruitment organisations come under the statutory definition set out in the section 13(2) of the Employment Agencies Act 1973.

Recruitment collaboration

For the purpose of this code of practice, a recruitment collaboration or 'collaboration' is a group of organisations which have partnered together to pool resources into a central system to recruit candidates for vacant positions within that collaboration, whether or not it is on a commercial basis. Collaborations also come under the statutory definition of 'employment agency' set out in the section 13(2) of the Employment Agencies Act 1973.

Employer

For the purpose of this code of practice, employer means the person or organisation by whom an employee or worker is (or was), employed.

Contracting bodies

For the purpose of this code of practice, contracting bodies are health or social care providers which contract with health and social care personnel to provide a service, rather than employing them directly.