Reply to: Deduction of rate for usual fees & request to keep a time log from a recruitment firm

[Wanderer]

Which law makes it illegal for a firm to charge for seeking jobs ?

Top answer! Maybe I should have done a search.

It should also be noted that there is no provision to "opt out" of the Employment Agencies Act so no agency should ever charge work seekers a fee (except for the named professions which are exempt)....

[cojak]

Which law makes it illegal for a firm to charge for seeking jobs ?

[Wanderer]

Hi Wanderer, yes the agency is based in the UK and there should adhere to English law. Could you please expand upon why you think there practices may be illegal?

Yes, specifically the Employment Agencies Act 1973 section 6 states:

a person carrying on an employment agency or an employment business shall not demand or directly or indirectly receive from any person any fee for finding him employment or for seeking to find him employment.

Now there are exceptions to this for offering other services like rewriting your CV etc but these services can't be conditional on the agency finding you work.

The general exceptions to this are Entertainment, Sports or Modelling but if you don't work in those areas then an agency should NOT charge you a fee. Any agency which seeks to do this should be viewed with deep suspicion, you have been warned.

[JamesDeen]

Is the contract governed by English law?
Is the agency a company incorporated in England or Wales?

If your answer to those two questions is yes then the agency may be acting illegally.

Hi Wanderer, yes the agency is based in the UK and there should adhere to English law. Could you please expand upon why you think there practices may be illegal?

[Andy Hallett]

Which country you going to be working in?

[Wanderer]

Yes, I was made aware of the fees before signing the contract.

Is the contract governed by English law?
Is the agency a company incorporated in England or Wales?

If your answer to those two questions is yes then the agency may be acting illegally.

[JamesDeen]

Yea right ...LOL ...

Sounds like you pimp has sold himself as a consultancy. ... Big red warning light ... You are at the bottom of the pyramid and you won't feel great when you find out your pimp is taking 80% of your income on the job.

When you get on site the spotty oik is going to start telling you what to do. I would seriously consider my position here.

The thought of them interfering and them telling me what to do has crossed my mind. Why on earth would they try and position themselves this way?

Contractually, I have no obligation to the agent who has made these requests. As long as I satisfy the requirements of the project for the end client. I shouldn't have to listen to the holiday & work log requests.

[JamesDeen]

When they do this you just tell the agent to butt out and leave you alone....

As you and Stevie Wonder Boy pointed out. I think he's grossly overstepping his bounds. This is not mentioned in the contract anywhere. Thanks

[JamesDeen]

Do you work for your own ltd company? Then surely you don't have to request permission for anything, although it might be polite and in your own interest to negotiate holiday for when its convenient - but thats different from asking permission.

Yes, I have my own limited company. Usually I would decide when to take a holiday, then clarify with the client. However being asked by the recruitment consultant to notify him first before the client, seems odd.

[JamesDeen]

Were you aware of the fees when you signed the contract?

Yes, I was made aware of the fees before signing the contract.

[Wanderer]

When you get on site the spotty oik is going to start telling you what to do.

When they do this you just tell the agent to butt out and leave you alone....

[Sausage Surprise]

I have been told by the recruitment consultant, that I must keep a daily work log, itemising all tasks I conduct and list everyone I meet and send this to him on a weekly basis. I must also request any formal holiday through the agency and refrain from discussing any proposed holiday dates with the client. - This one

[Wanderer]

1. They have stated the two separate deductions will be deducted from my hourly rate, for a special services fee and a management fee

You say it's a non UK client so that makes it potentially a bit difficult.

Is the agency a company incorporated in England or Wales? Is the contract governed by English law? If so, then it is likely that it is illegal for them to charge you a fee. But now you are going to tell us that it's not the agency fee but rather it's an umbrella or some strange "scheme provider" in a foreign country that is charging you a fee, and it's all horribly complicated - am I right?

Also, what does your contract say about this?

2. I have been told by the recruitment consultant, that I must blah blah blah

Once again, what does your contract say? Contract doesn't say it, you don't have to do it so just humour the idiot agent until you have the gig and then give them the cold shoulder once you have your bum on a seat and are on talking terms with the client...

[KentPhilip]

Were you aware of the fees when you signed the contract?

[SpontaneousOrder]

Do you work for your own ltd company? Then surely you don't have to request permission for anything, although it might be polite and in your own interest to negotiate holiday for when its convenient - but thats different from asking permission.