question about clause in contract with recuitment agency

[agencydude]

Hi,
I work in a big multinational through a recruitment agency on a contract basis.
So my contract is with the recruitment agency and they send me in to work in the big multinational.

My current contract with the recruitment agency is coming to an end soon and they have no more work lined up for me.

I kinda like working in this big multinational and was thinking of applying for permanent jobs in this company after the contract work finishes. These jobs would be in different areas of the big multinational to the one I'm in at the moment.

However I've just read in my recruitment agency contract that I can't try and get direct employment in this big multinational for at least 12 months after my contract expires as the big multinational is a customer of the recruitment agency.

So the question I have then is ,can they actually do this??
Someone said to me before that because of the Bosman EU court ruling a few yrs ago that companies can't stop you from working wherever you want within the EU?
Anyone out there any knowedge of this ??

Also anyone any ideas on what would happen if I did take up direct employment with the big multinational??

 

[Brendan Burgess]

I am not familiar with such a clause stopping you from moving from contract work to permanent work.

Usually, employment agencies have a clause in their agreement with the client company that if the employee becomes permanent, they will charge a permanent fee. So it is usually in the interest of the employment agency that they become permanent.

I have not heard of the Bosman ruling, but I would imagine it is to do with location of employment rather than the type of company.

Brendan

 

[Purple]

Bosman was about the right of a football player to move to a different club when his contract was up. See here for details. It has implications for other contracted employees.

 

[Ana]

Know as contract in restraint of trade. Seminal case is John Orr. Usually in place to stop employees stealing contacts and setting up in direct competition for a specified period.

Perfectly legal as long as time period isn't excessive and restriction isn't too wide.

 

[nai]

I think you'll find that if the multi national want you to work directly for them they will tell the agency to waive the clause and hire you direct. The HR department need to agree to this. In general (especially in IT contracting terms) the agency will not p$£s off the company (their client) because they could be supplying many contractors directly to them and will not get too upset about going against the wishes of the big multi nationals. Also you may be a potential client of the agency again in the future.