Originally posted by psychocandy
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Another ridiculous contract
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"You’re just a bad memory who doesn’t know when to go away" JR -
Originally posted by SueEllen View PostIn future NEVER turn up on site until ALL the paperwork is finalised.Comment
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Originally posted by SueEllen View PostIn future:
1. Don't turn up on site until all the paperwork is agreed
BooComment
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Originally posted by Boo View PostAn alternative to this is to send the agency a contract which is prepared by yourself with a clause stating that all changes must be agreed in writing and signed by yourself before becoming effective. Then send it by recorded delivery timed to arrive before your start date. If it arrives at the agency's registered address before you commence work then those terms will apply. Google "battle of the forms" for more details.
Boo
And it does state that it's the person putting forward the latest on AND if they are not objected to.
Can't see his having a hope in hell of standing up.'CUK forum personality of 2011 - Winner - Yes really!!!!Comment
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Originally posted by northernladuk View PostCan't see how that will work. The contractor is well aware the terms will be supplied by the agency. It's highly likely the contractor is aware the agent will not accept a contractors contract so refusal of the contract you send is already in place.
Originally posted by northernladuk View PostAnd it does state that it's the person putting forward the latest on AND if they are not objected to.
Can't see his having a hope in hell of standing up.
BooComment
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Originally posted by Boo View PostThat's complete nonsense. There is no suggestion of inequality in law between contractor and agency and the "battle of the forms" is a well established legal principle. Care to show a case reference as to where an implicit refusal was prefered to an established communication of terms ?
They have to be objected to before the contract commences. The law on rejecting contract terms is the same for agent as it is for contractor and in fact on one occasion when an agent dragged their heels getting a contract back to me I did exactly what I suggest and found the agent accepted my terms subject to a few changes.
Boo
All that said, it's getting very hypothetical and if it's got to this stage it won't go well for anyone really. Simple answer is just to tell the agent you won't turn up without a contract and hey presto, it will be there in time. Really no need to have to go to this level however interesting it is to discuss it.'CUK forum personality of 2011 - Winner - Yes really!!!!Comment
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Originally posted by northernladuk View PostAll quite plausible but it's a horribly grey area no? Surely there is some defence allowable to the agent. He gets the contract, rings up to refuse and you say tough I'm on site. I can't see a court being particularly impressed with that. I guess it's all down to how reasonable the contract you supply is as well. If it's close enough it could stick but if it's wholly unreasonable to the agent surely again there is a chance to argue.
All that said, it's getting very hypothetical and if it's got to this stage it won't go well for anyone really. Simple answer is just to tell the agent you won't turn up without a contract and hey presto, it will be there in time. Really no need to have to go to this level however interesting it is to discuss it.The greatest trick the devil ever pulled was convincing the world that he didn't existComment
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Originally posted by Cirrus View PostI took a role with EDS (now HP, or now virtually annihilated). That stipulated no pay if terminated in the first two weeks.
Leave one or 2 weeks after start a project can happen without your fault. I had a colleague where the project he was working was canceled two weeks after arrival, he had 2 weeks of notice period and the client paid the agency one month.
In this case, the agency will steal the contractor money because of that nonsense clause.
If you have the timesheet with the client signture keep it, can be very usefull.Comment
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Originally posted by Bee View PostNo way.
In this case, the agency will steal the contractor money because of that nonsense clause.
If you have the timesheet with the client signture keep it, can be very usefull.
I really made the big mistake of signing the contract in a hurry and sending back to them.
Yes, with the terms as they are, the contractor is totally under the mercy of the Agency for payment for the first 4 week. With such dubious terms, not sure whether they will pay on time, even after four weeks. I will keep post my updates here.
Anyway, having signed this worst contract, at least would these kind of conditions make the contract strong against IR35, as there are lot of risks to the contractor with such one sided and unreasonable terms?Last edited by Abraham; 30 November 2015, 18:59.Comment
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Originally posted by Abraham View PostThe agency, although seems to be a big name, appears to be having some thugs writing the contract terms with the sole aim of deceiving the contractor to steal the hard earned money of the contractor. They deliberately delayed providing access to the timesheet system to log the time.
Are you sure they deliberately delayed it? What benefit is for them in that?
What's your opt in/out status?'CUK forum personality of 2011 - Winner - Yes really!!!!Comment
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