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Job agency query

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  • 04-01-2018 12:26pm
    #1
    Registered Users Posts: 2


    Hi

    I have been temping in a company for sick leave with an employment agency.The person returned. In the interim a different position was posted in the company on irishjobs.ie. I applied for this as an outsider and not through the agency.

    The company have agreed to interview me through my application. As I said its a different position. Unfortunately I am up against a few candidates. The company will not pay a finders fees if asked by agency as they claim its a different job and I did not come through them.

    Any advice ?


Comments

  • Registered Users Posts: 82,747 ✭✭✭✭Atlantic Dawn
    M


    Your deal with the agency was for that position and that term, however some agencies may have a clause with you employer to say they can't hire you for a certain period after your current contract ends.


  • Registered Users Posts: 2 Purplerain24


    Thank you.

    Yes I've heard this, do you have any idea how long that may be ?


  • Closed Accounts Posts: 4,121 ✭✭✭amcalester


    It was 6 months when I worked in recruitment but it could be longer or shorter, no real way of knowing without knowing the details of the contract between the agency and the employer.


  • Closed Accounts Posts: 849 ✭✭✭Tenigate


    . The company will not pay a finders fees if asked by agency as they claim its a different job and I did not come through them.

    Any advice ?

    Yep. I was in this position. I applied for a completely different role while temping & i got it.

    Before I applied I asked HR and my agency if they had any objections. They both said it was fine. HR wisely knew not to mention placement fees as it was none of my business. I have no doubt they reached an agreement with the agency prior to offering me the job. In fact, the agreement was most likely reached before i even applied, given that the company had signed a contract with the agency which outlined their terms of business.

    If i were you I'd keep the agency in the loop with regards to your application.


  • Registered Users Posts: 82,747 ✭✭✭✭Atlantic Dawn
    M


    Thank you.

    Yes I've heard this, do you have any idea how long that may be ?

    Might be something like 3-6 months, not sure how legally enforceable it would be. From the agency point of view they may have taken a reduced fee for securing your employment than a competitor who had a one off fee.


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  • Moderators, Business & Finance Moderators Posts: 10,304 Mod ✭✭✭✭Jim2007


    Thank you.

    Yes I've heard this, do you have any idea how long that may be ?

    Read your contract!


  • Closed Accounts Posts: 849 ✭✭✭Tenigate


    Jim2007 wrote: »
    Read your contract!

    Great sound bite.

    However, the op's contract is with the agency. It's not going to specify placement fees. That will be specified in the company's contract with the agency, which the op won't have access to.


  • Moderators, Business & Finance Moderators Posts: 10,304 Mod ✭✭✭✭Jim2007


    Tenigate wrote: »
    Great sound bite.

    However, the op's contract is with the agency. It's not going to specify placement fees. That will be specified in the company's contract with the agency, which the op won't have access to.

    Of course not, but it will state if there is a restrictive practice clause, the absence of such a clause means he is completely free to do as he wishes, where as the inclusion of such a clause would be a good indicator of trouble ahead, although in the end it most likely will not be enforceable, but troublesome none the less.


  • Closed Accounts Posts: 4,121 ✭✭✭amcalester


    Jim2007 wrote: »
    Of course not, but it will state if there is a restrictive practice clause, the absence of such a clause means he is completely free to do as he wishes, where as the inclusion of such a clause would be a good indicator of trouble ahead, although in the end it most likely will not be enforceable, but troublesome none the less.

    The agency aren't trying to restrict where the OP works, they just want a fee if the employer hires them for a different role.

    The employer doesn't seem willing to pay this, so will just hire someone else.

    It doesn't matter what the OP does if the employer won't hire them.


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