Headhunters using foul play
Oprettet den: Friday, 30. September 2016 - 14:28 / caf
If you are contacted by a recruitment firm which offers you an exciting and well-paid job in Sweden, Holland or Germany, things might not be as good as they look. The headhunter might forget to tell you that you are not being employed in a traditional sense but actually impose upon yourself to establish yourself as self-employed.
IDA is getting more and more inquiries from members who have been searched out by these headhunters and often they are given a perception that they will be employed under terms much like the Danish employment law. But reality is far from it.
Juliane Marie Neiiendam, Chair of IDA’s Employment Council, calls the headhunters’ approach foul play and encourages members to seek advice in IDA if they are contacted by a headhunter abroad.
”If you are offered a job where it is a requirement that you establish yourself as self-employed, it needs to be crystal clear. Otherwise it is close to being a con trick. It is not being stated firmly that they will be self-employed in another country and what that involves. It is indecent that recruiters and headhunters do not tell the full story about the terms and conditions when they are recruiting for new employees. If you sign the contract, we cannot provide a thorough counselling for members as we do not have the same knowledge about rules in Sweden, Germany or Holland,” says Juliane Marie Neiiendam.
Several of the contracts that IDA’s legal consultants have gone through, show that they need to take care of e.g. registration of their company, auditing and insurances themselves. You get no compensation through sickness and holidays and you need to take care of pension and supplementary education. Furthermore, the complicated contracts contain numerous clauses that would be illegal on the Danish labour market. For example, contracts contain extensive customer and competition clauses without economic compensation that binds them to the firm also after the task is completed with the client.
“It’s really somewhat of a grey-zone. We have seen examples where members have said no to the job offers after our advisory, because they did not want to be self-employed. And suddenly the offer changed and they were offered a contract on terms much like the Danish employment law. It is peculiar and confirms our believe that it is important to have a legal consultant going through your contract before signing anything,” says Juliane Marie Neiiendam while emphasizing that headhunters’ approach is not illegal.