Another ridiculous contract

[Abraham]

I started a three months contract two weeks ago. I was asked to start the work and was told the paper work would be done in due course. I received the contract on the day I started the work. When I went through the document (more than 15 pages), it had a condition which stated that the payment cycle is 4 weeks and the first payment will be made after 6 weeks after the submission of first timesheet, and thereafter every 4 weeks. It also stated that in case contract is terminated within first four weeks, they would not pay any amount to the contractor and take the four weeks payment as compensation for the "losses" to the agency. Another condition stated that once I started the work, it would mean that I have accepted the conditions.

Hopefully, I may not have any issues as the client seems to be good, and my work will go beyond 4 weeks.

Anyone heard any conditions like this?

[DotasScandal]

The 4 weeks payment terms aren't too unusual
But...

in case contract is terminated within first four weeks, they would not pay any amount to the contractor and take the four weeks payment as compensation for the "losses" to the agency.

...Seriously??
That is major, major BS!
You work, they should pay you for the time worked, period.
What's the agency? This is name and shame worthy...

[cojak]

I started a three months contract two weeks ago. I was asked to start the work and was told the paper work would be done in due course. I received the contract on the day I started the work. When I went through the document (more than 15 pages), it had a condition which stated that the payment cycle is 4 weeks and the first payment will be made after 6 weeks after the submission of first timesheet, and thereafter every 4 weeks. It also stated that in case contract is terminated within first four weeks, they would not pay any amount to the contractor and take the four weeks payment as compensation for the "losses" to the agency. Another condition stated that once I started the work, it would mean that I have accepted the conditions.

Hopefully, I may not have any issues as the client seems to be good, and my work will go beyond 4 weeks.

Anyone heard any conditions like this?

Then take this as a lesson learned NOT to turn up for work before you've read and checked out the contract.

[SueEllen]

Nope.

Completely unacceptable.

They should only be able to claim for losses incurred and they won't have lost 4 weeks money.

In future NEVER turn up on site until ALL the paperwork is finalised.

[Abraham]

The 4 weeks payment terms aren't too unusual
But...

...Seriously??
That is major, major BS!
You work, they should pay you for the time worked, period.
What's the agency? This is name and shame worthy...

The contract says the termination could happen if the client decided that they no longer needed the contractor. It appears the agency wants to recover the "losses" from the contractor, even if the termination happened because of client's situation and not due to any fault of the contractor.

[Abraham]

Nope.

Completely unacceptable.

They should only be able to claim for losses incurred and they won't have lost 4 weeks money.

In future NEVER turn up on site until ALL the paperwork is finalised.

I agree. The agency tricked me into this situation. Initially, it sent an email about the offer and the start date. Then I cancelled all my other pending interviews and stopped applying for any new roles. The agency then asked me to submit all my company documents, passport copy, etc., to prepare the contract. By the time the work started, I think I have already got myself tied into the contract. Then came the contract with these ridiculous conditions. I requested the agency to change the conditions, they didn't agree.

[SueEllen]

The contract says the termination could happen if the client decided that they no longer needed the contractor. It appears the agency wants to recover the "losses" from the contractor, even if the termination happened because of client's situation and not due to any fault of the contractor.

While you agreed the contract, if that happened I would strongly suggest you take the agency to court.

(I suggest you get a voice recorder app on your mobile and ensure it works at all times. That way if you are removed you can ask why and get it recorded.)

Also while you can put any terms you like in a contract if they are completely unreasonable they are not necessarily enforceable in a court of law.

Of course even if you did win your case the judge would tell you of for being an idiot.

[DotasScandal]

Then I cancelled all my other pending interviews and stopped applying for any new roles.

That's your lesson no.2 right here.
Until you have got a signed contract, that you are happy with, in hand, consider you don't have the gig.

[SueEllen]

I agree. The agency tricked me into this situation. Initially, it sent an email about the offer and the start date. Then I cancelled all my other pending interviews and stopped applying for any new roles. The agency then asked me to submit all my company documents, passport copy, etc., to prepare the contract. By the time the work started, I think I have already got myself tied into the contract. Then came the contract with these ridiculous conditions. I requested the agency to change the conditions, they didn't agree.

In future:
1. Don't turn up on site until all the paperwork is agreed
2. Don't cancel other interviews until all the paperwork is agreed
3. Get all paperwork reviewed by somebody legally trained before agreeing it
4. If you agree the contract and the agency NOT the client gives you more paperwork to sign after you have been on site refuse to sign it.

[northernladuk]

Every time some idiot falls for contracts like this and that other guy with the 13 weeks wages it just makes it a little bit harder for the rest of us that do have a clue and give a crap about what we do.