Terms and conditions: read the lines, not between them
By Selina Rudzik
Have you ever scrolled down and clicked the 'Accept' button in order to use an online site or application without reading the site’s terms and conditions? Have you ever signed on the dotted line without properly reading the small print because the larger text looked innocent enough?
When recruiting staff through a recruitment agency - whether permanent, contract, temporary or otherwise – it is important to read through (and understand!) the terms and conditions proposed to you by an agency before requesting to interview one or more of their candidates. An agency will usually forward a copy of their terms before or at the same time as they send a candidate’s CV for consideration, as they will want to safeguard themselves against employers looking to take a candidate on, without paying a fee.
If the agency does not send their terms early on, be sure to request a copy prior to interviewing any candidates, so that you are aware of any employer liabilities and expectations pertaining to interviewing a suitable candidate and making an offer of employment. Elements to pay attention to are:
1. Notification & Fees – after offering employment to a candidate, an Introduction Fee will immediately become payable. Take note of the fee structure (is the fee a fixed fee or a percentage of the candidate’s potential first year salary?) and payment terms (how long do you have before payment is due and what are the penalties for late payment?)
2. Refunds – more often than not, if an agency’s fee is received after the required date of payment, an employer may forfeit the right to a refund or rebate if things do not work out with the candidate within a given guarantee period. So, make sure you pay an agency on time!
3. Cancellation Fees – refers to withdrawing an offer of employment after an offer has been made and/or accepted by a candidate. In some instances, an employer will be required to pay a cancellation fee that is equal to, or proportionally less, than the Introduction Fee itself.
4. Introductions – in the event that a candidate, previously interviewed by an employer, is offered and accepts employment with same employer within a specified period of time after the initial interview, the employer may be liable to pay the agency an Introduction Fee.
5. Liabilities – the agency’s liabilities and employer’s liabilities are detailed within the agency’s terms and conditions. Be sure you understand your liabilities as an employer and service user before agreeing to see any candidates or accepting the agency’s terms with a view to using their recruitment services at a later date.
Remember: If you are unsure about the meaning or implications of any aspects of the agency’s terms and conditions, you must ask for clarification, preferably in writing, as this too will form part of the contract thereafter.
