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Letters of Representation

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Old 31st Aug 2004, 15:51
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Thumbs down Letters of Representation

Well it is pilot hiring time it seems with jobs floating around everywhere with the Agencies...... promises of this and promises of that and BEWARE... Letters of Representation.. ?? Are these things legal. Do I have to sign one of these things to get a job.
A pal of mine went to an Airline in Asia and was forced to sign one by an Agency and during the interview was teamed up with another guy from another Agency who was being offered much better terms and conditions... When he questioned his Agency why could he not have the same terms and conditions etc . Bingo!!! they produced the letter of representation that he signed a long time ago. Tough luck buddy... this is real surely we have the right to choose with which Agency we work with... Does anyone know the legalities to this is it binding. With so many Agencies vying for the same contracts its getting a bit scarey out there
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Old 31st Aug 2004, 18:31
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That is (IMHO) a d@rn good question! I don't have the answer but do have five years of contracting experience, which thankfully, ended recently. What I can add here (out of that experience) is; if you're going contracting, sign nothing until AFTER the interview! Easier said than done, I agree. But if you have the credentials and know the market, you will get away with it!
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Old 31st Aug 2004, 18:47
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Tough luck buddy... this is real surely we have the right to choose with which Agency we work with...
My experience is with similar contracts in other industries (eg electronics)...

In those industries agencies usually get a percentage of your salary as a fee from the company - so it's usually in their interest to get you the best deal.

I'm curious who he actually worked for - I don't mean the name of the company - I mean was his salary, terms and conditions set by the airline or the agency? Which one is his employer? Is he working with the agency or is he actually working _for_ the agency? There is usually a clue in the way the agency gets paid I mean if you are paid direct by the airline and then you pay the agency a fee it's clear the agency is working for you. You are paying them for their services. If the airline pays the agency and the agency pays you - well better watch out!

Regarding getting the same T&C as the other person - I'm sure the Agency will have signed a contract with the airline as well. This probably has clauses that prevent the airline termininating their contract with the agency and then hiring him directly.

If the other persons deal is very good perhaps he could buy his way out of the contract with the agency? You might expect this to amount to the fee they would get from the airline during any notice period the contract has.

Some countries have anti slavery laws (I kid you not) that prevent unreasonable "bondage" - eg they prevent very long contracts with no oportunity for you to escape.

For info: It's not unusual to find similar "sole agency" clauses in Real Estate Agents contracts when you sell your house. In effect they give you a discount if they are the sole agent or a higher fee if they aren't.
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Old 1st Sep 2004, 04:40
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Thanks for your response...... it appears that the Airline had a contract with the Agency and another Agency paying exactly the same terms and conditions to the Agency. In all fairness to the Airline they feel that if they pay the Agencies the same that they will all pay the pilots the same. Not the case...... my friend. Some Agencies are greedier than others and in this case skimmed a bit more off the pilots salary for their fee whilst the other agency was more decent and because a more organised and professional company threw in some Insurances as well for good measure......... Nice Agent. So therefore of course Pilot A wants to now work for the good Agency that Pilot B is with, because he will earn a bit more and get a few insurances and feel better about the whole thing. However Agency A says to Pilot A. tough mate!! you have signed a letter of representation with us, ( albeit a long time ago) so you have to have the deal we are offering ....... now come on lads this MUST be illegal... Anyway whatever the situation is the Agencies now need us, so I suppose shop around, and DONT EVER sign letters of representation.... but just wanted to know the legalities of the whole thing...
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