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I am completely new to working with recruiters. A recruiter for a big agency found this job for me which I am interested in. She wants me to sign some paperwork making me an employee of this recruiting company (more like an agreement on paper). I am not paying them, and they are not paying me. By being an employee of this big agency recruiting company, it basically locks me in with them so that I cannot self-apply for positions with companies that they work for, BUT, I can still work with other recruiters.

I understand that this will vary by recruiters, but is this standard in working with recruiters? I feel weary about signing anything that I do not understand.

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Whether this is common depends on the kind of work and skill levels involved, industry standards and locale. – Oded Feb 10 at 16:32
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It's common for recruiters to do everything they can to keep their commission. Remember that recruiters are rarely looking out for you. They're looking out for a commission. They're sales people. Never trust sales people. ;) – DA. Feb 10 at 17:33
Can you explain a bit more about "making me an employee of this recruiting company" and "I am not paying them, and they are not paying me". Those two things sound contradictory. Does the company you are actually working for think you are their employee? If so, have nothing to do with an contract that appears to make you also en employee of another company. – DJClayworth Feb 10 at 22:27
It is strange, I know, but yes, the agreement states that I would become an employee of this recruiting company. In other words, I work for them since I would get contracted out or have a position filled. In my case, it is direct hire, not a contract. I am not paying any fees for this recruiter, and they are not paying me anything other than help me get a job. If this sounds confusing, it is because I don't understand much of it either, and I get the sense this is not common. I wish I could name this recruiting agency since it is sort of well known in a certain type of industry ... – user785179 Feb 11 at 5:31
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Sounds like they want you to be a contractor for them, without them having any risk whatsoever. Such an agreement is only beneficial to them. Either don't sign, or require some form of compensation. – René Wolferink Feb 11 at 10:31
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You don't say where you are or which industry. However, assuming it's the IT industry, in the US and large parts of Europe, it's not uncommon to have a "lock in" with a recruiter. I've never seen it in the form of an employment though. What I've seen are various forms of contracts that you sign with the recruiter which prohibits you from contacting, soliciting or accepting offers from a company which the recruiter has had previous contact with on your behalf.

I'm not sure why the recruiter wants to do this employment construct with you. In some countries, enforcing an employment contract when the "employer" is not paying any wage is tricky. Also, many countries/jurisdictions have minimum wages set by law or collective bargaining rules that apply even if you are not a member of a union yourself. It also raises a slew of other concerns like insurance, pension and taxes. Again, some countries mandate certain insurances that the employer has to pay for and certain taxes and fees. Not to mention reporting requirements.

In summary, it sounds like a lot of hassle to solve a problem that has already been solved. For sure, the "recruiter" takes on a bunch of liabilities when "hiring" you. It's very hard to calculate what liabilities this would mean for you personally. Remember, for the recruiter, you are neither a client nor a "real" employee; you are their product. I'm not saying all recruiters will rip you off, but assume that whatever they do, it's not primarily for your benefit. Their goal is to maximize their flexibility, which often means limiting yours.

I would politely inquire with the recruiter what the reason is for this employment construct and why you can't solve this with a more standardized service contract. If they insist on pressing the employment I would strongly suggest you seek the advice of a lawyer or similar to fully evaluate what liability you are exposing yourself to in your jurisdiction. If you have a trade union in your area, they may have a legal aid service you can make use of.

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Good suggestions and advice. I ended up just not going with them. There are plenty of other I.T. recruiters that I can work with. – user785179 Feb 13 at 18:11

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