An employment agreement can establish that all work created for the clients of the agency falls under "work for hire" copyright provisions.
Employment agencies place their employees at another company's job site to perform a specific task. Employees that work through temporary agencies may be highly skilled professionals that prefer a variety of assignments, or may be hired to fill administrative tasks. An employment agreement, or EA, establishes the parameters of the employee's relationship with the employment agency, along with any special considerations.
Agency-Employee Relationship
The relationship between employees and employment agencies is nebulous. The employee reports to the employment agency for work, payment and benefits, but reports to the client company for duty. Preparing an EA for employees gives the agency the opportunity to define, in writing, that the employee is an employee of the agency. The agency can further establish that all issues with benefits, payroll or the client should come through the agency's Human Resources Department. The EA must clearly state that the client has the right to end your assignment at any time, but not the right to terminate the employment relationship. If a question arises over the employee's employment relationship with the agency, the agency can refer to the EA, which is signed by the employer and employee, as a reference.
Employment Terms
An EA confirms the verbal agreement between the agency and the employee. The parameters of just what the employee can expect from the agency, as well as what the agency expects from the employee, is set in writing. Pay rates, for example, can be listed with an upper and lower range if the employee will occasionally be placed on jobs that pay on the lower end. Additionally, the agency can state whether relocation will be paid for out-of-state assignments, or whether all assignments have to be taken when offered if the employee is not currently on assignment.
Confidentiality Agreements
Employment agencies are hired by companies with the expectation that confidential material handled by the employee to will remain confidential. This language is usually written in the contract between the company and the agency. The agency can include this information in the EA, so employees are made aware of and obligated to the same confidentiality agreement. In the event that the agency faces litigation over a breach in confidentiality, the agency can refer to the confidentiality clause in the EA as proof that the necessary precautions were taken to maintain confidentiality for the client.
Work for Hire
Creative work for hire is the property of hiring company unless specifically defined otherwise in the work contract. Employment agencies can establish clearly that all creative work prepared for a client remains the property of the client to eliminate any confusion and prevent unnecessary conflicts with creative employees.
