Illegal contracts between Indian vendors and UK Customers

T1_Mainframe · Post by **T1_Mainframe** » Thu Aug 28, 2008 12:24 pm

Hi,

I work for one of Indian vendor (INDV) and had worked for one of their UK Customer (UKC), more than a year back, then I was based in UK. Now when I applied in same UKC, I was given below reply.

Dear -----,

You have been applying for roles within UKC of which each of them you have been declined.

It is not that you do not have the skills required to fill these roles. We have an agreement with INDV that we will not employ any candidates that currently work for INDV. This agreement is set in place as they supply us with Staff. We would not be in a position to employ you even if you leave INDV whilst we still have a contract with them.

Therefore, any role that you apply for in UKC will result in you being declined. I hope that this explains clearly the reasons for you being unsuccessful.

Kind regards
XYZ

I have learnt that one need to quit INDV and work for some other company for 6 months and then apply in UKC. Doesn't this rule sounds farce and highly unfair. INDV is all over the UK, which narrows my job search. Can I have your thoughts please?

dnicky · Post by **dnicky** » Thu Aug 28, 2008 12:36 pm

I have learnt that one need to quit INDV and work for some other company for 6 months and then apply in UKC.

I've seen this approach being followed by quite a few UK companies.

SKUK · Post by **SKUK** » Thu Aug 28, 2008 2:24 pm

What's illegal in that ? Every consulting company signs a master agreement with a customer. This policy is to stop poaching. In fact it's mutual, the vendor cannot hire a customer's employee either.

I know it's disappointing but there are cases where the client is so impressed with a resource that he is ready to hire him and can't do it because of the agreement in place.

Try to get in touch with UKC's manager under whom you worked. If you had built up a good rapport with him,/her they may consider hiring you (if there is a vacant post). But you'll have to explain that you've a tier 1 and that you are resigned from INDV and moving over permanently to UK.

T1_Mainframe · Post by **T1_Mainframe** » Thu Aug 28, 2008 2:57 pm

Illegal because

- a candidate can not apply even if he/she worked for UKC long back. Everyone will support this contract if candidate is working for same UKC and want to join them but not after leaving the project, even after 1 year.

- INDV are all over UK, that leaves candidate with very limited choice

Well, I had mentioned in my application that I have Tier1 and I want to move permanently, still they are declining.

I had very good rapo and have been still in with touch UKC manager but hiring is driven by HR team.

ubugger · Post by **ubugger** » Thu Aug 28, 2008 3:51 pm

Nothing illegal at all.

It happens with every company that supplies services out, but it's up to the company themselves to choose to listen to the rules...

They won't be 'all over the uk' either, sure they might have their hands in a lot of pockets, but that's the way it goes, it's real world companies trying to protect themselves. You now have to work around that and apply with companies who don't deal with that company.

Doesn't matter what YOU do, it's up the company themselves and if they have an agreement like that you can't work with them. Full stop.

republique · Post by **republique** » Fri Aug 29, 2008 12:55 pm

T1_Mainframe wrote:Illegal because

- a candidate can not apply even if he/she worked for UKC long back. Everyone will support this contract if candidate is working for same UKC and want to join them but not after leaving the project, even after 1 year.

- INDV are all over UK, that leaves candidate with very limited choice

Well, I had mentioned in my application that I have Tier1 and I want to move permanently, still they are declining.

I had very good rapo and have been still in with touch UKC manager but hiring is driven by HR team.

You signed the contract acknowledging those terms so ....

T1_Mainframe · Post by **T1_Mainframe** » Fri Aug 29, 2008 1:48 pm

nope! I didn't sign on any such contract. Its between UKC and INDV.

They (UKC) said I can not apply even if I quit INDV and apply after 6 months, they said they can not recruit any current or ex employee of INDV while both are in contract.

bizarre!

republique · Post by **republique** » Fri Aug 29, 2008 2:09 pm

T1_Mainframe wrote:nope! I didn't sign on any such contract. Its between UKC and INDV.

They (UKC) said I can not apply even if I quit INDV and apply after 6 months, they said they can not recruit any current or ex employee of INDV while both are in contract.

bizarre!

Normally it is put in the contract of the resource but it is doesn't matter if the company has signed up for that condition, that is not your concern and it certainly isnt illegal as to you.

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Illegal contracts between Indian vendors and UK Customers

Illegal contracts between Indian vendors and UK Customers