Another ridiculous contract

[BlasterBates]

When you start a contract without the paperwork, then it is what you agreed over the phone. This clause was not agreed therefore you did not agree to it by "turning up".

All you have to do is send a reply in writing that it was not agreed. If the agent lets you keep working, then he has agreed to your conditions.

If you do get terminated early then you'll have no problem taking him to court if he doesn't pay.

[Bee]

When you start a contract without the paperwork, then it is what you agreed over the phone. This clause was not agreed therefore you did not agree to it by "turning up".

All you have to do is send a reply in writing that it was not agreed. If the agent lets you keep working, then he has agreed to your conditions.

If you do get terminated early then you'll have no problem taking him to court if he doesn't pay.

It's the best solution for now. After start working, the agency will not going to fire him.
If the contract it's a surprise all we have to do is negotiate and give them a dead line.

[northernladuk]

It is sad that the agencies seem to have upper hand, while it is the contractors who earn all the money for them.

I think someone is needing a mumsnet account.

[BlasterBates]

Whatever you do don't sign the contract until the clause has been removed. Make sure you have rejected it in writing, outlining your understanding of the contract as agreed over the phone.

That is the contract that stands until you agree further amendments with the agent.

[Bee]

I think someone is needing a mumsnet account.

Very constructive

[northernladuk]

Very constructive

Very constructive.

[MicrosoftBob]

While it's true that once you've started work, you've implicitly accepted the contract, it doesn't mean the contract is unamendable after that point. Did you cross out the unacceptable clauses and sign and date each crossing out before signing and sending back? At the very least, if it comes to court, it shows that you had been against these things from the start.

I know one chap who received the contract via pdf, edited the pdf directly to remove some spectacularly dumb clauses ("You agree not to work in this country for anyone else for a period of 12 months"). He then printed off the amended pdf, signed and dated it and sent it back. Never heard a word about it. An interesting approach, and I'm not sure of the legality.

If they're stupid enough to give you an editable pdf without trying to protect surely it's their lookout if they don't notice changed in the contract, they have the balance of power in the contractual relationship so they have more reason to check these things

[Cirrus]

I took a role with EDS (now HP, or now virtually annihilated). That stipulated no pay if terminated in the first two weeks.

[vadhert]

Turning up to a gig without reading a contract is one thing.

But turning up to a gig without having a contract in place is asking for a shafting.

[psychocandy]

I took a role with EDS (now HP, or now virtually annihilated). That stipulated no pay if terminated in the first two weeks.

**** that. Can imagine a dodgy client getting two weeks out of you for free and then saying sorry. It WOULD happen.