2.2 Temporary or Regular Placement of Individuals through Outside Agencies

This policy was last updated December 20, 2023. See the update history page for more information.

It may be necessary from time to time for departments to utilize the services of an agency for temporary general office support. MIT Sourcing and Procurement has established preferred vendors that, while not mandated, are recommended as a resource for temporary services.

2.2.1 Use of Agencies for Temporary Office Support

The following is general information that departments should be aware of in connection with conducting business with agencies which offer temporary employment services:

Payment - Payment to an agency for temporary personnel is made for actual time worked at the hourly billing rate negotiated and agreed upon. Payment is not made for holidays, vacation days, and sick days.

Straight time - Straight time billing rates for hours worked apply to eight per day or 40 per week.

Overtime Billing Rates - Overtime billing rates apply to hours worked in excess of 40 hours per week and, in some cases, in excess of eight hours per day.

Withholding of Taxes - Agencies are responsible for withholding taxes and the payment of wages for temporary personnel.

Insurance - Agencies listed with Sourcing & Procurement provide personnel who are fully bonded and insured.

MIT Policies and Practices - Temporary personnel should be made aware of MIT policies and practices and are expected to comply with such during the effective period of assignment. MIT retains the right to terminate temporary personnel at any time without prior notice.

Immigration Reform and Control Act 1986 - Agencies are responsible for compliance with this law, i.e., for making sure that their personnel are properly authorized to work in the United States.

MIT Hire of Temporary Personnel - Temporary personnel who become candidates for regular positions at MIT must complete whatever temporary employment period the agency requires and/or a placement fee may be required. The MIT preferred vendors may waive any placement fee for employees in certain positions who are hired as regular employees by MIT.

The agency should be contacted when the department is considering hiring a temporary individual as a regular MIT employee to determine what the relevant takeover policy is. The department may also contact the Human Resources Department for guidance and assistance with the hiring process.

Suggestions For Utilizing Temporary Personnel

  1. Appoint a MIT employee to supervise the temporary individual.
  2. Make available to the temporary individual all equipment and materials they will need to perform the assigned work.
  3. Plan the workload in advance; prepare a reasonable schedule.
  4. Provide detailed instructions.
  5. Monitor the work performed and provide feedback.
  6. Consult the Sourcing and Procurement office about pricing and payment terms.
  7. Consult with Human Resources in matters that relate to personnel policy and employee relations.

2.2.2 Use of Agencies in Hiring Regular Employees

Department Heads, Directors of Administration and Finance, or other supervisors may wish to expand an available pool of applicants to fill a specific position by enlisting the aid of a commercial employment agency. It is expected that such agency referrals will be sought primarily for professional level positions and that the possibility of assistance from non-fee sources such as the Massachusetts Department of Labor and Workforce Development will be investigated before commercial agencies are considered. Discussions with the appropriate Human Resources Officer should aid in the selection of recruitment resources that are available to assist the department.

Once an agency has been selected, a position description may be submitted to the agency by the department supervisor or the appropriate Human Resources Officer. An acknowledgement form should be provided to the agency from Talent Acquisition which must be signed and returned before referrals can be made or accepted. The form contains a statement of the Institute's commitment to the goals of equal opportunity and affirmative action, as well as the following stipulations:

  1. All referrals must be made through Talent Acquisition for specific positions as identified by MIT job numbers.
  2. Agency placement fees normally will not be paid for MIT graduates or students, or for former MIT employees who have terminated within two years of the date of referral.
  3. In instances where an individual referred by an agency is hired for an MIT position other than the one for which they were originally referred, MIT will pay the fee, if the hire is within one year of the original referral and if the hire clearly can be attributed to the initiative of the agency, rather than to that of the Institute or job applicant. MIT will make the final decision with regard to the appropriateness of a fee in such instances.
  4. Applicants whose resumes are submitted to MIT both independently and through an agency will be considered independent referrals and no placement fee will be paid, unless the hire can be traced clearly to the agency's initiative.
  5. The placement fee for applicants who were referred by two separate agencies will be paid to the agency whose referral arrived first in Talent Acquisition. MIT will be the final arbiter in such decisions which will generally be determined on the basis of which agency's referral can more directly be related to the hire.
  6. A fee schedule must be provided by the agency to Talent Acquisition prior to the referral of any applicant.
  7. A reimbursement schedule as indicated below must be honored by the agency.

Payment of Agency Fees

Institute departments will be responsible for providing funding within their budget allocations to cover agency fee expenses.

Reimbursement Policy

Any agency with which an agreement to seek candidates is made must agree to honor the following reimbursement policy, or have a comparable policy:

If an employee referred by an agency terminates their employment voluntarily or is terminated by MIT for cause within a specified period of time, all or a portion of the agency fee will be refunded to MIT.

Hiring a Candidate Referred by an Agency

The procedures outlined in Section 2.5, Offer of Employment, should be followed.

2.2.3 Short-term Assignments - MITemps

MITemps: Individuals who are selected by MIT managers and referred to, screened and hired by nextSource (our designated outside agency) for short-term assignments; i.e., those that typically have an end date, including summer employment. nextSource maintains all payroll records. nextSource is responsible for responding to MITemps' complaints and grievances and, at the request of MIT, shall terminate any MITemps assignment at MIT. MIT employees may not be employed by both MIT and nextSource at the same time. Learn more about MITemps.