Agent advice needed please:)

[Swillsy]

Hi Guys, I'm in a situation trying to search for answers but I thought I'd ask the PH employment bods.

basically I work in an office working via a contract with one company,
recently i have found out that the other company who provides services here pays their staff doing the same a lot more money.

Well my contract ran out with the first company and now obviously I would like to either have my pay matched or be allowed to move to the other company.

What are the legal problems with this? I understand that the first company may complain about finders fee etc but arent there are protections regarding the fact that I'm doing the same role as my colleagues and I'm not being paid the same.

[ChrisOB1]

Sorry to say this but no. You agreed a contract with the agency, the fact that another employee through another agency gets paid more is irrelevant, Your agency have done nothing wrong. They are not obliged to give you an increase. It is however at your discretion if you decide to go back to the company through another agency, however, to prevent this your current agency would or should be able to charge the company a fee which could be hefty as they introduced you and therefore in most recruitment contracts have an agreemt which states that your current agency has exclusivity to you for a period of 12 months ending on your contract termination. Thus if you are reintroduced through another agency they charge a fee.

All this depends on how good your current agency is with their T&C's.

My advice would be to speak "nicely" and professionally to your current agency and ask them if they would agree to a pay rise it may mean they cut their margin but at least they are still making money which in the current enviroment is your ace up the sleeve. Hope that helps.

[Swillsy]

Hi Chris, thanks for your advise unfortunatly you confirmed what I thought

I had a chat to the guys who are incharge of my contract but they didnt want to shift - and there is noway to really force them, so time to start looking for new contracts. I am the only person working for this agent now as the other members on my team manged to find loopholes and crossed over.

If I were to get get fired or told I could not take a new contract because my agents stopped me - would I be allowed to move then. Surely this would mean they are restricting my right to work in that sense or would I still have to wait 6 months no matter what?

[ChrisOB1]

A loophole could be this.... if your employer realy like the work you do then tell him how much you get paid by the agency and that you may have to work for someone else as its just so low. The employer could then put the squeeze on the agency saying that they dont want to lose you so please up your rate etc.. I dont know what you do so it all depends how quickly the can replace you!

As for the getting fired thing I would not go down that route as bad references have a tendancy to follow you round. Your agency can only stop you working for that particular client (for a certain period depending on the T&C's) they cannot stop you working for somebody else through another agency.

In the current climate carry on head down with an eagle eye out for another contract!

hope that helps