Dear Nicky,

One of my clients requires that we submit all candidates via their ATS portal. After a year, submitted candidates become the property of the client. Is it OK for me to submit candidates from my partners to this client?

Cautious in Capac

Dear Cap,

Thanks for writing. Any time you have an agreement with a client that establishes ownership limitations or other restrictions on candidates, you MUST ensure your NPAworldwide partners are fully aware of those terms BEFORE submitting their candidates. The exporter must be given the opportunity to say "no." If you fail to fully disclose these terms and conditions to your partner, and the client hires your partner's candidate, you may owe your partner a fee ... even if you did NOT receive payment from the client. Here's the specific wording from the Operations Manual:

9. Restrictive Employer Contracts, Fees, Agreements, or Terms
The use of restrictive written contracts or agreements developed by employers governing their dealings with recruiting firms is of concern to all members. Any member wishing to refer another member’s candidate to a client where such a restrictive contract is in place, must first communicate the full meaning of the terms of the contract to the member supplying the candidate. Failure to do so could obligate a member to payment of a fee equal to that listed on the member’s published fee schedule in the event of the affiliate’s candidate obtaining employment with the client.


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