View Full Version : Compliance Checks (prior to offer being formally made)

18th July 2010, 11:56
I've recently had my first interview for a contracting role. The interview went well and feedback from the interviewer to the recruiter was positive (but a formal offer has yet to be made as I understand there may be one more candidate to interview).

As the interviewer is on leave for a few days I've been told we'll have a definitive answer by Friday (a week from the interview). All fine so far.

My recruiter has indicated that it would be worth kicking off the various compliance process in advance of official confirmation of an offer being made.

The email I've been asked to respond to contains the following text:

"Should an offer be made, I <name> would accept an offer of <day rate> per day as presented by <client> for the <role> with <hiring manager> for an initial <x> Month contract, starting on ASAP (subject to successful pre – employment screening), I would like <agent> to accept this on my behalf and progress with the necessary compliance checks. I confirm I will forego all other opportunities"

As a newbie I'm unsure whether this is run of the mill stuff or a little out of the ordinary? Any thoughts?

On a more general not, is there anything I should be wary about with respect to this?

As I am in the process of arranging interviews for other roles I'm a little worried that the "I confirm I will forego all other opportunities" clause would tie me into this role. Any thoughts?

18th July 2010, 15:17
Your response to them is two words. The second one is 'off'. The agent is trying it on.

You are in business to sell your skills. If the client cannot make a decision then they run the risk that the resource they want to use (you) may not be available when they do. They may decide to not use you and then you would have wasted a week worth of searching.

18th July 2010, 17:50
Thanks for your thoughts.

It seems like if I were to enter into this "agreement" it would be more weighted towards the recruiter gets his cut if the client gives the green light than the stated objective (making an early start on what can apparently be a time-consuming approvals/compliance process).

As this recruiter is also proposing me for another role (different client) which may well interview in the very short term it seems odd* that he is effectively requesting that I tie myself into this original role (if they follow through and offer it to me).

Any thoughts on how best to deliver the message that I'll commit to taking a role only when an offer is on the table?

* - from my point of view. I guess from his point of view he'd just wants me deployed anywhere asap to guarantee his revenue stream

19th July 2010, 10:14
Another problem is that there is no time limit on your acceptance. If you agreed to this and the client didn't make a decision for a month you'd still be tied in (in theory) and possibly in another role. I'd just put this point to the agent and prefix it with what HAB said :wink. The agent won't be surprised you're refusing to sign, but he might pretend to be.

19th July 2010, 18:17
Agent is thinking "Ohhh, a sweet virginal contractor. We can really pull the wool over his eyes."

"Should an offer be made, I <name> would accept an offer

Write back and say "Thanks for your email. I can confirm that <my LTD> (NOT you personally!) is willing to consider the offer of <day rate> per day as presented by <client> for the <role> with <hiring manager> for an initial <x> Month contract, starting on ASAP, subject to contract."

Remember: It's not <name> that forms the contract, it's <My LTD>. The worrying thing is that they want you personally to enter into this agreement. Don't ever do that. You need to present yourself as a consultancy company with you as the primary consultant for this position. Don't go making any personal agreements, always talk about <My LTD> in the third person.

Subject to contract is a get out clause - if you don't want to take the job then just find a load of stuff in the contract that is unacceptable to you and you wriggle out of it.