Restrictive clauses even before starting the job??
Hi all,
I wanted to pick the esteemed brains of the assembled masses to maybe help solve a problem I'm having at the moment.
I've been working as a contractor on and off for nearly 10 years, flitting between contract and permie work depending on what was around at the time.
Basically company X have been looking for a permie guy since April/May 2011. I believe 3 or 4 agencies had sent my cv to company X regarding the permie role, but it was never taken any further due to the salary on offer not meeting my requirements. Eventually they realised that they can't find someone with the skill set that they require, for the money they are paying, so have manage to raise an opening for a contractor to fill the skill gap.
Now Agency Y (one of the previous 3 or 4, but not the 1st - if that matters) contacted me again, and because the rates are now better, I went along to interview, did ok, and wIas basically offered the job.
Fine so far, now for the complicated bit... Company X apparently are meant to do all recruitment through agency Z, so much so that they even have a staff member on site at company X. Obviously they want their piece of the pie too, but it now transpires that agency Y and agency Z can't negotiate terms between themselves. ine I thought, agency Y, although placed me for interview, technically weren't able to actually place me in the position, i.e. they hadn't negotiated terms with agency Z prior, so I'll just make my apologies, jump ship, and run with agency Z. Not so... Agency Y are now insisting that they have a period of exclusivity over my CV, despite a) not being actually the 1st to send it across, and b) apparently not actually being in a position to place me (at least easily)
Hope that was clear enough... it still confuses me!
Does anyone have experience in such a mess, and what can be done to resolve it? Surely having such an exclusivity clause is a restrictive clause effectively on me, although I have signed nothing to agree to such with either agency. The only purpose such a thing serves for agency Y is 'to protect their business' but if they are unable to place me anyway, then what business is actually lost? It feels like the only losers are company X, and myself... How did recruitment agencies take over the world??
Seriously though, any help or suggestions will be gratefully received
I wanted to pick the esteemed brains of the assembled masses to maybe help solve a problem I'm having at the moment.
I've been working as a contractor on and off for nearly 10 years, flitting between contract and permie work depending on what was around at the time.
Basically company X have been looking for a permie guy since April/May 2011. I believe 3 or 4 agencies had sent my cv to company X regarding the permie role, but it was never taken any further due to the salary on offer not meeting my requirements. Eventually they realised that they can't find someone with the skill set that they require, for the money they are paying, so have manage to raise an opening for a contractor to fill the skill gap.
Now Agency Y (one of the previous 3 or 4, but not the 1st - if that matters) contacted me again, and because the rates are now better, I went along to interview, did ok, and wIas basically offered the job.
Fine so far, now for the complicated bit... Company X apparently are meant to do all recruitment through agency Z, so much so that they even have a staff member on site at company X. Obviously they want their piece of the pie too, but it now transpires that agency Y and agency Z can't negotiate terms between themselves. ine I thought, agency Y, although placed me for interview, technically weren't able to actually place me in the position, i.e. they hadn't negotiated terms with agency Z prior, so I'll just make my apologies, jump ship, and run with agency Z. Not so... Agency Y are now insisting that they have a period of exclusivity over my CV, despite a) not being actually the 1st to send it across, and b) apparently not actually being in a position to place me (at least easily)
Hope that was clear enough... it still confuses me!
Does anyone have experience in such a mess, and what can be done to resolve it? Surely having such an exclusivity clause is a restrictive clause effectively on me, although I have signed nothing to agree to such with either agency. The only purpose such a thing serves for agency Y is 'to protect their business' but if they are unable to place me anyway, then what business is actually lost? It feels like the only losers are company X, and myself... How did recruitment agencies take over the world??
Seriously though, any help or suggestions will be gratefully received
Go and talk to the client and see if they can bang the agencies heads together and come up with a deal. It's pretty much out of your hands really.
Comment