Agency refusing to pay correct rate - are terms contract lock in terms enforcable

[psychocandy]

He's accepted it on good faith in a contract that has a notice period that allows the agent to rectify his mistake. You more than most keep saying the notice period is there to be used, so now it's in the agents interest to invoke it. They are after all losing money so why would they continue?

indeed


They'd have to deal with it open and honestly and move on. Crap happens to everyone at some point and no contractor is irreplaceable. I'm still interested to know exactly how much it is. OP has mention a number of the period of the gig but how much off the daily rate is it?

Let's just see. You never know, the agency might actually just fold and pay him it. If so I'd be suspicious he's being ripped off on his rate. If the agent is on fixed percentage around the 8% I'd guess they will be losing money and have no choice.

I agree. Agency can invoke notice period if its there and then reduce the rate. BUT, they would have to pay the rate agreed up until that point.

I can see how agent might have no choice if like you said, they're actually losing money on this. It is a bad mistake to make though.

If client takes contractor on board, all is going well, then contractor says to client, agency have served me notice and lowered my rate but, sorry, I can't do it at the rate, I'd imagine client would be less than pleased. This issue caused by the agencies mistake may mean the client gets next contractor from elsewhere.