Recruitment consultant / direct contact issue

[SueEllen]

Bit of a grey area though maybe. Whats to stop a client getting an agency to send them a wad of CVs or even doing some interviews and telling porkies they need someone now but in reality need someone in a months time.

Then tell the agency its all been canned. Month later contact people directly.

I guess the agency deserve some sort of protection but how far do you take it? Agree with your 1st post though, normally they;d disappear never to be seen again - in this case it seems they're sniffing around because they can smell possible action.

The client normally has to wait 6 months to a year. It depends on the contract they negotiated with the agency.

If a client contacted me after 6 months for a role directly wouldn't bother me. If they contacted me earlier I would be worried only because if they are willing to screw an agency they would probably be willing to screw the contractor over paying invoices.

[TheFaQQer]

The client normally has to wait 6 months to a year. It depends on the contract they negotiated with the agency.

Not if you were opted into the agency regulations they don't.

[SueEllen]

Not if you were opted into the agency regulations they don't.

Then you find yourself in the lovely arguments of what counts as a valid opt-out with the agency causing lots of trouble to get you dropped. Remember agencies don't see it the same way we do and the opt-out itself hasn't been tested in the courts to set case law. (Rory will come along and disagree.)

Also depending on the area of the country you live in it may not be a good idea to p*ss an agency off if you want local work in the near future.

Obviously if you are in London and the SE you can p*ss agencies off as there are loads of them but if you live in particular areas of the country there tends to be a couple of agencies with most of the contracts.

The pre-agreements can be be for any type of work for 6 months, or more specifically for a particular named role. The latter are easier to wiggle around but you won't know what is agreed until the client tells you.

[TheFaQQer]

Then you find yourself in the lovely arguments of what counts as a valid opt-out with the agency causing lots of trouble to get you dropped.

The client would be having the argument, since it would be them having to show that they hadn't broken any agreement with the agency.

Even without mentioning the opt out status (and remembering that agents imply that you can opt out at any stage before you start), the client will still have an argument with the agency - throwing opt in status into the argument can only help the client in their argument.

[Wanderer]

Most agency terms (ours certainly do) with clients will be catch all for a period of time and not restricted by role.

Can you tell us what the typical time limit is?

[I just need to test it]

I'd feel a moral obligation to go via the agent. But I'm a great big softy.

[Andy Hallett]

Can you tell us what the typical time limit is?

Ours is 12 months.

[kal]

Ours is 12 months.

And how do you enforce that pray tell (ignoring the legality for the moment). I apply for a role via your agency in January say and either don't get it or turn down the offer. I apply for another role at the same client via a different agency in December, the client either has to pay you a fee if they want to hire me or reject me . I would think you would have a tough time enforcing that 12 month restriction in any court never mind even working out that that has happened.

[Taita]

And how do you enforce that pray tell (ignoring the legality for the moment). I apply for a role via your agency in January say and either don't get it or turn down the offer. I apply for another role at the same client via a different agency in December, the client either has to pay you a fee if they want to hire me or reject me . I would think you would have a tough time enforcing that 12 month restriction in any court never mind even working out that that has happened.

End clients, particularly the larger, better-known companies, usually will avoid any breach of contract terms as a matter of general policy....... their legal/HR departments do not want the hassle. Often that works in favour of the contractor such as giving 4 weeks' notice when the work has already dried up and because of MOO they can say no work, no pay.

[Andy Hallett]

And how do you enforce that pray tell (ignoring the legality for the moment). I apply for a role via your agency in January say and either don't get it or turn down the offer. I apply for another role at the same client via a different agency in December, the client either has to pay you a fee if they want to hire me or reject me . I would think you would have a tough time enforcing that 12 month restriction in any court never mind even working out that that has happened.

You are of course entitled to your [incorrect] opinion. Luckily I have the benefit of running the global department that deals with these issues for us and have a different view.