Warning for a mucky new Agents' habit Warning for a mucky new Agents' habit
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  1. #1

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    Mich the Tester is NOT a disguised employee

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    Default Warning for a mucky new Agents' habit

    This might be common in the UK, might not be, but I'll warn you for it;

    Right now some agents in NL demand you sign an 'exclusivity contract'; up to now, this was always about offering yourself for one gig exclusively through one agent, which I've always understood and have always complied with. However, this week I've seen a new twist on the story; agents want you to remain available for that gig from the moment you send your CV to the agent until the moment the gig starts, even if you don't get the gig or get invited to interview. Some are trying to enforce a 1,000 euro fine for contractors who pull out of the selection procedure before the interview or before recieving the word 'go' to start (e.g because you've found another gig). As you know, some of these procedures can take weeks. Happily, I saw this in the adverts (hidden in the usual officious guff halfway through), so I didn't offer for those gigs and have asked a solicitor to advise on the legality of this, and to advise on how to act in the case of offering and possibly needing to pull out. I expect to get an answer this week and will let you all know.

    So if you offer for a gig in NL, look out for this clause in the advert. I suspect what is happening is this; hard-up agents have realised that in any procedure, some proportion of candidates will withdraw, so you can make an easy buck by fining them; it wouldn't surprise me if they're also just passing on some costs that have resulted from those ridiculous 'preferred supplier' agreements.

    Well, I've warned you now.
    And what exactly is wrong with an "ad hominem" argument? Dodgy Agent, 16-5-2014

  2. #2

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    I turned down a gig in NL after being offered it, and they were very unhappy about it all, but there was no mention of fines, etc. Not too sure how this could be legal, unless you are signing an option, on yourself?

  3. #3

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    Quote Originally Posted by Old Hack View Post
    I turned down a gig in NL after being offered it, and they were very unhappy about it all, but there was no mention of fines, etc. Not too sure how this could be legal, unless you are signing an option, on yourself?
    That's why I've asked a solicitor to look into this (one of the advantages of being a member of a trade union is free access to legal advice, even though that would make me a pinko-lefty-soviet-communist-layabout in the UK). Depending on what he says I will chat with a few MPs about it, from all areas of the Dutch political spectrum.
    And what exactly is wrong with an "ad hominem" argument? Dodgy Agent, 16-5-2014

  4. #4

    My post count is Majestic

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    Quote Originally Posted by Old Hack View Post
    I turned down a gig in NL after being offered it, and they were very unhappy about it all, but there was no mention of fines, etc. Not too sure how this could be legal, unless you are signing an option, on yourself?
    Interesting. ****. I would imagine you are agreeing to engagement rules in the same way as you grant exclusivity to an agent by email. Be interested to hear from anyone who has been threatened with this.
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  5. #5

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    I'd be happy to wait weeks if they paid a retainer, otherwise they can fook off. Not legal, just a try on. Tell em to get fooked.
    Knock first as I might be balancing my chakras.

  6. #6

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    Quote Originally Posted by Mich the Tester View Post
    This might be common in the UK, might not be, but I'll warn you for it;

    Right now some agents in NL demand you sign an 'exclusivity contract'; up to now, this was always about offering yourself for one gig exclusively through one agent, which I've always understood and have always complied with. However, this week I've seen a new twist on the story; agents want you to remain available for that gig from the moment you send your CV to the agent until the moment the gig starts, even if you don't get the gig or get invited to interview. Some are trying to enforce a 1,000 euro fine for contractors who pull out of the selection procedure before the interview or before recieving the word 'go' to start (e.g because you've found another gig). As you know, some of these procedures can take weeks. Happily, I saw this in the adverts (hidden in the usual officious guff halfway through), so I didn't offer for those gigs and have asked a solicitor to advise on the legality of this, and to advise on how to act in the case of offering and possibly needing to pull out. I expect to get an answer this week and will let you all know.

    So if you offer for a gig in NL, look out for this clause in the advert. I suspect what is happening is this; hard-up agents have realised that in any procedure, some proportion of candidates will withdraw, so you can make an easy buck by fining them; it wouldn't surprise me if they're also just passing on some costs that have resulted from those ridiculous 'preferred supplier' agreements.

    Well, I've warned you now.
    I can't imagine many experienced contractors will agree to that. I did have one UK Agent try the old "it'd be best if you didn't speak with any other agencies" trick a while ago (which I hadn't heard in years), and I of course told them that I couldn't promise that any more than they could promise to only look for work for me.

  7. #7

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    Also, when in the Netherlands be careful what you post on facebook Dutch teenager convicted of Facebook murder

    I wonder what the general forum in forums.contractornl.com are like?
    Keeping calm. Keeping invoicing.

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    Quote Originally Posted by doomage View Post
    Also, when in the Netherlands be careful what you post on facebook Dutch teenager convicted of Facebook murder

    I wonder what the general forum in forums.contractornl.com are like?
    Magic the Dutch I say; Murder gets you one years bird, and 3 years hugging by a counsellor.

  9. #9

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    I do love this site. One gets so many good ideas
    Let us not forget EU open doors immigration benefits IT contractors more than anyone

  10. #10

    Obstinate Git

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    Quote Originally Posted by DodgyAgent View Post
    I do love this site. One gets so many good ideas
    ...and an invoice for using them!
    And what exactly is wrong with an "ad hominem" argument? Dodgy Agent, 16-5-2014

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