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Dodgy contract? Urgent

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    Dodgy contract? Urgent

    Urgent advice needed. A lot has happened so I'll keep it brief. Basically I wasn't happy with the payment frequency of the agency and umbella company (which they lied about to get me to take the job). So I gave my notice and the client,desperate to keep me, agreed to buy me out. I don't know how much it cost them but it wasn't much. Technically my contract ended today and only today the client gave me a direct contract. HR admitted they didn't know what they were doing and stressed me out about legal issues in the contract. My manager gave me the contract today. The rate on there is £5 more than the agency were giving me so I think that is an oversight and I'm not complaining. Either that or the agency didn't give me what they agreed with client. The actual job is very stressful and I do equivalent of about 4 peoples' jobs. I have been promised resource (I'm a project manager doing all the project technical components presently). My new contract has a job description on there. There was no JD before as I was told to figure it out myself. It has everyone elses job descriptions on there too which over the weeks I have realised I cannot do. I have been doing everyone elses jobs. Do I sign it, and get on, hoping they provide resource or refuse to work until they remove all those other peoples' job descriptions from the contract? I also need to get the contract checked out by an accountant to see if I avoid IR35.....please advise urgently, i'm considering not going into work tomorrow in case they dont agree to change the contract and I cant invoice them. Basically it's clear my manager thinks I am a one-man-band. He also doesnt take my recommendations as a PM....thereby making it impossible to carry out my job.

    #2
    Hmmm....who are you....I need that crispy fiver. *thinks*

    Comment


      #3
      If you have your own company and you are going direct, you can effectively stop worrying about IR35.
      Listen to my last album on Spotify

      Comment


        #4
        If you've given notice then you must have no current legal connection with the company. I'd advise you to stay in that state until you're happy with a way forward. You've also said you've realised you can't do the job, so consider staying that way permanently.

        Comment


          #5
          A piece of advice. When going direct you give them the contract...
          It's my opinion and I'm entitled to it. www.areyoupopular.mobi

          Comment


            #6
            Originally posted by fishdisco
            Urgent advice needed. A lot has happened so I'll keep it brief. Basically I wasn't happy with the payment frequency of the agency and umbella company (which they lied about to get me to take the job). So I gave my notice and the client,desperate to keep me, agreed to buy me out. I don't know how much it cost them but it wasn't much. Technically my contract ended today and only today the client gave me a direct contract. HR admitted they didn't know what they were doing and stressed me out about legal issues in the contract. My manager gave me the contract today. The rate on there is £5 more than the agency were giving me so I think that is an oversight and I'm not complaining. Either that or the agency didn't give me what they agreed with client. The actual job is very stressful and I do equivalent of about 4 peoples' jobs. I have been promised resource (I'm a project manager doing all the project technical components presently). My new contract has a job description on there. There was no JD before as I was told to figure it out myself. It has everyone elses job descriptions on there too which over the weeks I have realised I cannot do. I have been doing everyone elses jobs. Do I sign it, and get on, hoping they provide resource or refuse to work until they remove all those other peoples' job descriptions from the contract? I also need to get the contract checked out by an accountant to see if I avoid IR35.....please advise urgently, i'm considering not going into work tomorrow in case they dont agree to change the contract and I cant invoice them. Basically it's clear my manager thinks I am a one-man-band. He also doesnt take my recommendations as a PM....thereby making it impossible to carry out my job.
            I am sorry. I tried to read about your prediciment but I couldn't get past the second line.

            Please try to learn about paragraphs, I just hope you are not in a client facing role.

            hth

            Comment


              #7
              i wouldn't worry about job descriptions or workload unless the rate is rubbish and the termination clause long.

              if the rate is good: calm down and think of the money.

              find out what the agency cut was on your original rate and then find out what the client paid to buy you out of the contract then look at the contract life and then decide if fiver a day extra to you is a mistake on their part... or yours.

              Comment


                #8
                Hi - Their contract is now giving me a 3 month notice period. I'm not happy about that but I can understand why they want that, the job is urgent. The job is a total nightmare, not enough resource. I don't know what the agency cut was. I am very curious but I don't think I can ask for anymore than I am on now. I don't even know if should ask what they were paying the agency. I bet it was a 50% cut. The company are acting like they are doing ME a favour...but I know it didn't cost much to buy me out and that they are making a major saving employing me directly. They have made comments like 'we've gone out on a limb for you, just sign the contract'.

                Comment


                  #9
                  How long is the contract for?

                  I'm all for having no notice period at all - that's what permies get, not contractors.

                  Have a look at the PCG template for contracting direct to the client, and use that instead of their one.

                  I don't think I can ask for anymore than I am on now. I don't even know if should ask what they were paying the agency.
                  Of course you should ask for an increase, particularly if it's a long contract. Find out what rate they were paying the agency; find out what they paid to buy you out; negotiate from there. They want to keep you, so make sure that you get an increase. If you were on a 3 month contract (for example) and they wanted to extend you, you'd ask for an increase at renew time. I'm assuming that they've offered a long contract (since there is a 3 month notice period!), so you are missing out on the renewal negotiations that you could have had. This is particularly true if the agency cut was huge, as you could pressure both client and agent to give you more money.
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                  Comment


                    #10
                    The contract is only from now until December, so 7 months. There is a major deadline that needs to be met by then, that's why they are desperate to keep me on. If this job is not done, the entire company future is on the line.

                    After December, they will still want me to carry on as I have told them they are not going to make their deadline on the resource available. Should I wait until December to negotiate pay. Or should I send them a letter in a few weeks and say 'after x date, my rate will be increasing to £45/hour, please let me know if you wish to continue with my services'? If they say no, I hand in my 3 months notice?

                    Or should I really try to negotiate now? What is the PCG template and where can I find this? Where can I get advice on how to reword the current contract? I know what I need them to change it to (in terms of the job itself) , I just don't know how to write it.

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