Working for Recruitment Agency

theo67

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Friend of mine has been working for various businesses in hospitality through a recruitment agency over past 9 months or so.She got on really well during a recent 2 week placement with a large employer.Employer has a number of vacancies coming up, but friend now told she cannot apply for job with any company she has worked for(through agency) in past 6 months.I could find nothing in the contract or on Agency website, but it seems its understood all round.

Anyone know where there might be definite info on this? Seems a bit much that if you only had one day with a company over past 6 months, you cannot apply for an advertised vacancy with that company.

All comments/info appreciated.
 
Who told her that she can't apply?

The Agency usually has an agreement with the client that if they take on someone introduced on a temporary contract, that they pay the full permanent fee.

So she should just apply for the jobs but tell the agency what she is doing.

If she was told by the client not to apply, then it suggests that they don't really want her.

Brendan
 
Friend of mine has been working for various businesses in hospitality through a recruitment agency over past 9 months or so.She got on really well during a recent 2 week placement with a large employer.Employer has a number of vacancies coming up, but friend now told she cannot apply for job with any company she has worked for(through agency) in past 6 months.I could find nothing in the contract or on Agency website, but it seems its understood all round.

Anyone know where there might be definite info on this? Seems a bit much that if you only had one day with a company over past 6 months, you cannot apply for an advertised vacancy with that company.
There are two contracts which might block an employer from hiring an agency worker - the worker's contract with their agency, or a "no poaching" clause in the employer's contract with the agency.
 
Our place take on a lot of contract staff trough agencies. To work with most of these agencies, a company must sign an agreement that they will not directly hire any of the staff sourced via the agency. This is to stop companies poaching staff from the agencies.

There are financial penalties involved if you do so, not to mention burning a bridge with an agency you may rely on to source staff on a regular basis.
 
Thanks to all, it really is in the contract or agreement that employers have with the agency. My friend enquired further and she can apply for vacancies, but employer will have to pay between 4k and 5k if she us successful. It is good to know as it puts her at somewhat of a disadvantage. Going forward, she may decline agency work with businesses where she would like to pursue permanent employment. Thanks to all for clarity brought to the issue.
 
Thanks to all, it really is in the contract or agreement that employers have with the agency. My friend enquired further and she can apply for vacancies, but employer will have to pay between 4k and 5k if she us successful.
This is totally normal. Any business who supplies services to other businesses worries about clients hiring away all their good staff.

While your friend's potential employer probably won't stump up the 5k "transfer fee", there's nothing to stop them giving a good reference for your friend's work.
 
It might not be quite as bad as she thinks. Bear in mind that they probably get a large number of their candidates in via recruitment agencies, and they would be looking for a placement fee. From the hirer's perspective, they might well have a scenario of
  • known candidate, need to pay agency finders fee
  • unknown candidate, need to pay agency finders fee
  • unknown candidate, don't need to pay agency finders fee
The agency fees are a relatively minor payment in most company budgets, and are considered part of the cost of recruiting. It might well be that they prefer to take a known candidate who's worked with them before, even if it does cost an agency fee.
 
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