This was an interesting outcome on the Ever Given salvage case and one that has some good parallels with how we work in recruitment.
https://lnkd.in/eBprxsKY ......
It struck me as surprising that Salvage operators work similarly to recruitment consultants - "no cure, no pay", working on speculation and being squeezed on rates after the job has been completed.
In this case, it was clear to the judge that the terms had been outlined prior to the work being completed and that speculative work was common in that particular market.
In recruitment, the argument largely comes down to whether you have permission to send a candidate which, although sounding similar, is key, considering that candidates can be supplied through multiple sources (direct, job board automations, recruitment agencies).
This can create an eventual cost argument when you end up offering a job to a direct applicant who was also speculatively sent by a number of agencies.
There are a couple of things each side can do to mitigate this from happening:
- If agency, make sure that you have expressed permission from the client to send speculative CVs - this would normally be via email and should (in an ideal world) accompany agreed terms.
- If employer, make sure the agencies you are speaking to are under no ambiguous terms. If they are not to send your speculative CVs, make sure you have sent an email defining that. If you are speaking with an agency that you are not yet working with, get the terms agreed and out of the way. Many clients have said to me "show me the candidates first, and then we can agree terms" - the problem with this is, if my terms are too high and you want the candidate, we will be at an impasse.
NOTE - Agreeing terms typically does not enforce any obligation to "buy".
As we enter a new financial year, it is important to get your housekeeping out of the way:
- Potential employers - review your PSLs, make sure terms are all agreed (is there room to renegotiate?), reach out to new agencies to see what is on offer.
- Recruitment consultants - Speak with clients that you want (or do) send speculative CVs to. Ensure your terms are clear and agreed. Do not send CVs to employers that do not have terms agreed with you.
So there you have it. An interesting news article from 2 weeks ago, some advice that is pretty obvious and a reminder to you that I'm still here, plugging away.
#nocurenopay #speculativeCVs #shipping