How long do Recruitment Agencies 'own' you for?

DJ123

Hi all I'm not 100% sure on the rules and regs of getting a job via a Job Agency. If I apply for a job through an Employment Agency, presumably some sort of contract exists between me and them which would prevent me from going directly to the Company where the job is. Or else everybody would do that and cut the middle man out? My question is, how long does this last for? I would like to approach a company I found through a Job Agency. I was recently unsuccessful at getting an interview for a particular job, but I have reason to believe the Recruitment Agency wasn't being straight with me. I don't want to cause any trouble in the future, so is there a set amount of time I should wait before approaching the Company? I guess it might be job specific, and since that job has now been and gone, the time is irrelevent? I've tried searching for an FAQ document that would provide this kind of information, but I guess Recruitment Agencies don't want to make it easily accessible. Does anybody know the answer to my query, or know of a good resource covering this stuff? Thanks in advance! DJ

DCFC79

Some firms will only use an agency to recruit new staff, what exactly is it you want to achieve ?

liney

If the Agency has forwarded your CV for the post, if the company then interview you and employ you then the agency will generally (depending on their individual terms and conditions provided to their Client) have the right to invoice the company for 6 months after the CV was sent by them. Basically there is nothing stopping the company from giving you a job if you call them as long as they are willing to pay the fee: if this was not the case then the client could reject all applicants, find you online and employ you directly to avoid paying the agency for the work they did.

You say you don't think the agency was being straight with you, but ultimately what value would there be in them denying you an interview if the company wanted to see you? They want you interviewed and placed so they can send their bill in.

Or do you think the agency didn't forward your CV in the first place? If that is the case then there is no issue at all - send your CV and if they never received it from the agency they can't be billed for you.

Wellery82

When i worked in an agency we would log every interview and a few months down the line would always call to check if the person worked there - it would never be saying we were an agency, but some other reason. As soon as we realised the individual had been taken on we would then invoice the company. We would generally find 5 or 6 instances each year, most it must be said due to the employer trying to avoid a fee, telling us the candidate was unsuccessful and then contacting the candidate directly.

I am aware both companies i worked at were on the basis of 6 months, but am unsure what regulated this period.

This only really applies in my opinion if an interview is set up through the agency, techincally it could apply from a CV introduction, but there is no real way of proving the candidate did not apply directly anyway

Personally i would contact the company directly if you feel it may help you get a job, there won't be a problem although ultimately they may have to pay the finders fee for you

DJ123

Thanks for your responses all. It sounds like to me that I should contact the Company direct, but be very clear about what has happened historically. Then it's down to them to follow the rules as it were. @DCFC79 All I want is to apply for a job and be comfortable that they have received my CV in a fair light. I've had a number of bad experiences with Agencies recently, and whilst I don't want to tar everone with the same brush (I've had positive experiences, too), I don't trust any of them! @liney Long story short, there were two positions available: a Junior and a Senior. Turned out they employed the Senior but not a Junior (which was the one I applied for). The recruiter was responsible for getting both positions filled. I assume they will get more money for filling a Senior position rather than a Junior? I am quite happy to accept that I am wrong (I don't know enough about this stuff), but I am too suspicious for my own good! @Jimavfc82 Really useful info - thanks! Thanks very much everybody for your input!

anamenottaken

DJ123 wrote: »

I assume they will get more money for filling a Senior position rather than a Junior?

For permanent positions, I would expect most agencies to invoice on a percentage of the candidate's starting salary so that a senior position would be likely to attract a higher fee.

DCFC79

Try other agencies then if you think 1 agency isnt doing anything to help you.

patman99

It is common practice for all Agencies to charge an introduction fee if any company employs an individual directly for up to 6 months after any interview gained via the Agency.

This happened in Colchester 3 years ago. An agency worker was placed at a company for just 3 weeks. 3 months later, having been placed at another company, the worker applied for a ob directly advertised by the first company and got the job.
The Agency found-out and billed the company for an introduction fee. The company refused, stating that the new employee had come via a direct advert. The Agency went to Court and won.

My advice is to not try and con the Agency as they always find-out.

anamenottaken

patman99 wrote: »

It is common practice for all Agencies to charge an introduction fee if any company employs an individual directly for up to 6 months after any interview gained via the Agency.

This happened in Colchester 3 years ago. An agency worker was placed at a company for just 3 weeks. 3 months later, having been placed at another company, the worker applied for a ob directly advertised by the first company and got the job.
The Agency found-out and billed the company for an introduction fee. The company refused, stating that the new employee had come via a direct advert. The Agency went to Court and won.

My advice is to not try and con the Agency as they always find-out.

This does, of course, rely on the contract terms provided by the agency and to which the employer is required to accept.

Your example is also of a situation where there was not only an introduction but also an actual placing of someone within the company.

Agencies include in their standard t&c the requirement to pay an introduction fee if the client either engages the candidate directly or passes the candidates details to another employer who takes them on.

liney

anamenottaken wrote: »

This does, of course, rely on the contract terms provided by the agency and to which the employer is required to accept.

Your example is also of a situation where there was not only an introduction but also an actual placing of someone within the company.

Agencies include in their standard t&c the requirement to pay an introduction fee if the client either engages the candidate directly or passes the candidates details to another employer who takes them on.

I was informed that by taking a worker through the Agency, as long as the agency can prove the T&C's were sent before the placement began by a dated email for example, then the Client is deemed to have accepted them.

Of course generally Clients are also asked to sign terms before the worker is supplied.

liney

DJ123 wrote: »

Thanks for your responses all. It sounds like to me that I should contact the Company direct, but be very clear about what has happened historically. Then it's down to them to follow the rules as it were. @DCFC79 All I want is to apply for a job and be comfortable that they have received my CV in a fair light. I've had a number of bad experiences with Agencies recently, and whilst I don't want to tar everone with the same brush (I've had positive experiences, too), I don't trust any of them! @liney Long story short, there were two positions available: a Junior and a Senior. Turned out they employed the Senior but not a Junior (which was the one I applied for). The recruiter was responsible for getting both positions filled. I assume they will get more money for filling a Senior position rather than a Junior? I am quite happy to accept that I am wrong (I don't know enough about this stuff), but I am too suspicious for my own good! @Jimavfc82 Really useful info - thanks! Thanks very much everybody for your input!

They will get more money by filling BOTH positions! LOL

Fees are percentage based, and sometimes the percentage will increase with a bracket, so yes they would get more money for filling the Senior role, unless they have a flat fee agreement. Naturally they receive the most money by filling both.