IT recruitment agency

[Vohligh]

Hi everyone,

I have recently been approached by a well known IT recruitment agency with the prospect of a good opportunity. But before anything can transpire, they've sent me documentation to complete, some of which concerns me.

One of the documents is a candidate warranty form which allows the agency and their client to sue me and claim damages from me in the event that I fail to commence employment after accepting an offer from the client. I know that the agency only wants to protect themselves from candidates that only want counter-offers from their current employers, but what if I had a valid reason (other than that)? What if I accept a better offer throught a different agency? Is this even legal with regards to labour law?

The other documents ask for the following information: car make, car registraion, drivers license, which websites my CV is registered with, which agencies my CV is registered with, which companies these agencies have referred me to, which companies I have had interviews with over the past 6 months, who placed me in my current position, request for entitlement to refer my application to any company they deem fit, authorization to obtain employment records from all previous employers, my reason for leaving them, and all other information concerning me. Sounds like too much information!!!

Then there's a few declarations to be made, which include the following: if your name has ever been sent to any credit bureau owing to bad debt, have I ever been charged with or convicted of a criminal offence, ever been investigated for misconduct or discipinary procedures by any company, ever been convicted of fraud, declared insolvent, hospitalized due to mental illness, substance abuse. I really don't have a problem with them doing background checks on me, but why do I have to declare all this information???

I've been with many agencies over the past decade, but I have never seen this before.

What are your thoughts/advice to all of this?

 

[AniV]

I would only provide the information that I am comfortable providing, no more.
If that isn't good enough for them, then tough. I'll find another agency.

They have no right to my vehicle information beyond knowing that I do have a drivers' license.
They have no right to ask which other sites your CV is registered with.
They have no right to know which other companies you have been talking to or interviewed at.
They have no right to the reason why you left your previous employers.
They have no right to disciplinary or misconduct information.

I would never, never, sign something that gave someone else the right to sue me.

 

[I.am.Sam]

Aniv ...i believe they ask you about previous employers and stuff and disciplinary or misconduct information because im sure companies do that as well

companies pay them to recruit so might as well get them to do everything

with regards to previous employers its the same as a company finding out why you jump from job to job

 

[cerebus]

Sounds like Communicate.

One of the documents is a candidate warranty form which allows the agency and their client to sue me and claim damages from me in the event that I fail to commence employment after accepting an offer from the client. I know that the agency only wants to protect themselves from candidates that only want counter-offers from their current employers, but what if I had a valid reason (other than that)? What if I accept a better offer throught a different agency? Is this even legal with regards to labour law?

I can't see how any reason could be valid for you to renege on an acceptance of an offer of employment. You will have put them through tremendous inconvenience at that point. Imagine if they've closed the recruitment process, wasted dozens of man-hours, collected payments from the company, and notified all other applicants that they were turned down for the job, then halfway through your notice month you decide to back out. I'd say this one is perfectly valid.

Then there's a few declarations to be made, which include the following: if your name has ever been sent to any credit bureau owing to bad debt, have I ever been charged with or convicted of a criminal offence, ever been investigated for misconduct or discipinary procedures by any company, ever been convicted of fraud, declared insolvent, hospitalized due to mental illness, substance abuse. I really don't have a problem with them doing background checks on me, but why do I have to declare all this information???

Your company will want this information in any case. I have had previous employers run through extensive background checks on me. The agent is providing this as a value service to the employer to save them on HR time.

 

[Ancalagon]

I would refuse to sign anything like that, and I would also refuse to do business with a company that requested me to sign that. There are SO many recruitment agencies out there! Why bother dealing with a difficult one?

 

[ToxicBunny]

I would straight up refuse to sign those types of documents... but then I give agencies grief all the time now, and they don't like dealing with me because they start trying to push me around and I very quickly put them in their place.

 

[Turbo_Aspiration]

Why would you accept an offer and not begin employment? If you just wanted a counter-offer, you wouldn't accept the offer from their client at all.

 

[Ancalagon]

Why would you accept an offer and not begin employment? If you just wanted a counter-offer, you wouldn't accept the offer from their client at all.

A lot of the time, you only get a counter offer after you have accepted another offer. Happened to me.

 

[cerebus]

I would straight up refuse to sign those types of documents... but then I give agencies grief all the time now, and they don't like dealing with me because they start trying to push me around and I very quickly put them in their place.

I guess it depends on what kind of negotiating position you're in.

 

[Ancalagon]

I guess it depends on what kind of negotiating position you're in.

Yeah, it helps having experience, but it sounds like the OP does have some experience.

In any case, if I one day have children and my child one day looks for his/her first job, I will advise him/her that they should never sign any such agreements. The company pays the recruitment agent fees, not you, and that includes any risks taken by the agency.

There are some things you just never sign away. Until every single recruitment agent does that, and I have no choice, I will never sign any such agreements.

 

[Turbo_Aspiration]

A lot of the time, you only get a counter offer after you have accepted another offer. Happened to me.

Counter-offers are tricky. This is especially true after you've accepted the other offer. I'd generally stay away from counter-offers. IMO, it's the easiest way to burn bridges.

 

[ToxicBunny]

I guess it depends on what kind of negotiating position you're in.

Yeah totally, I'm thankfully in a very good negotiating position...

The agents don't seem to get that though, but it is amusing on occasion.

 

[zippy]

A lot of the time, you only get a counter offer after you have accepted another offer. Happened to me.

How would you feel if a company offered you a position and then the day before you start, say sorry we found someone better, don't bother coming in ?

 

[Vohligh]

Thanks everyone for your thoughts and advice.

The company pays the recruitment agent fees, not you, and that includes any risks taken by the agency.

There are some things you just never sign away. Until every single recruitment agent does that, and I have no choice, I will never sign any such agreements.

I will have to agree with Ancalagon. It is also the nature of the process. If companies would pay their employees what they are worth, then there wouldn't be any need for counter-offers.

It's impossible for me to get a counter-offer in any case, because my boss told me that I cannot earn more than the higher ranking team members in my team.

 

[Ancalagon]

Counter-offers are tricky. This is especially true after you've accepted the other offer. I'd generally stay away from counter-offers. IMO, it's the easiest way to burn bridges.

How would you feel if a company offered you a position and then the day before you start, say sorry we found someone better, don't bother coming in ?

Didnt say I accepted the counter offer! Just said that I got one and turned it down. I was miffed about the way it was done - ie we know he is unhappy, but we will wait until he quits before offering him this awesome role.

 

[cerebus]

I will have to agree with Ancalagon. It is also the nature of the process. If companies would pay their employees what they are worth, then there wouldn't be any need for counter-offers.

Apologies, but that is one of the stupider comments I've read today. Companies pay the minimum they can afford to get the talent they need, and the minimum you will accept to work for them. That's business.

It's impossible for me to get a counter-offer in any case, because my boss told me that I cannot earn more than the higher ranking team members in my team.

Yet you deserve to earn more than them?

 

[Ancalagon]

Yet you deserve to earn more than them?

That doesnt mean he is being a spoiled brat - it might just mean that the rest of his team is underpaid. Either way, he will know when he goes out for interviews. If nobody is willing to offer him more than he is on now, then yes, he is being a spoiled brat!

 

[Vohligh]

Apologies, but that is one of the stupider comments I've read today. Companies pay the minimum they can afford to get the talent they need, and the minimum you will accept to work for them. That's business.


Yet you deserve to earn more than them?

I get sent to do courses, my skill set is expanded (in my private capacity), the 6% increase per year doesn't meet inflation. And I see companies offering 30%+ what I am getting at my current job. So yes, I do think I deserve more.

 

[noxibox]

Once you've accepted an offer you've signed an agreement. If you're looking around to try to squeeze a better deal out of your employer then you need to do that without agreeing to take on employment with someone else.

Companies do usually want to know why you left or are planning to leave your current employment.

They ask where your CV has already been sent so they don't waste their and your time offering you jobs you've already. They'll ask about recent interviews for the same reason because those companies probably won't want to interview you again if they've recently rejected you. Part of what the companies are paying for is some filtering. They don't however need to know who you used to get your current job or which other agencies you're using. They ask for blanket permission to send your CV out because normally they have to ask first about each possible job.

They definitely have no business asking for your car's details. Some of that personal information they ask for should also be none of their or your prospective employer's business. In regard to any disciplinary procedures, criminal records, employment records etc. if they can't get it through a standard background check then they can't have it. You don't really want to work for an employer that tries to spy on every aspect of your life.

Agencies do face a lot of fraud and people wasting their time. Some of the agencies have become ridiculous though, and you have to decide whether it is worth dealing with them.

Didnt say I accepted the counter offer! Just said that I got one and turned it down. I was miffed about the way it was done - ie we know he is unhappy, but we will wait until he quits before offering him this awesome role.

Well that is how companies typically operate. They will pay you as little as possible and keep you in whatever position suits them.

 

[Ancalagon]

Well that is how companies typically operate. They will pay you as little as possible and keep you in whatever position suits them.

Yeah, usually. In this case it wasnt so much the money (although extra is always nice!), it was the job, which was a dead boring support position that I had been on for like 18 months. They always claimed to be looking for someone else, but never found anyone, in over 6 months. I dont believe it is THAT difficult to find someone worth hiring in that time - personally I think it was more of a budget thing. Anyway, they were obviously happy with me making them lots of money on support - the client liked me.

So I found another job, accepted it, and resigned, and they were like, oh we have this other position which we know will be MUCH more interesting to you. Really?

I know businesses have this mindset that they dont want to spend more than is necessary. Ie, they dont want to raise your salary, or hire extra staff, unless they really have to. But in some cases, I think a little forethought can be a great saver. Just by thinking ahead, they could have saved a good resource (ie me) that could have been a useful income generator on other projects. To do that, they would have needed to rotate me off support to keep me from getting frustrated, which they didnt want to do. So when I resigned, they knew they had one last ditch attempt - a counter offer involving a completely different and much better job. However, by doing so, they put me in the position that accepting the counter offer would involve me going back on my word to the other company.