Special circumstance - Agency/Client contract

[beeker]

Hi Folks,

Got a bit of a wierd situation, MyCo (me) was awarded a contract and had to go through an Agency. I used agency X and now the client has indicated that they would be happy to pay MyCo directly.

Having spoken to the Agency they are not sure how things stand. Normally they would charge the client for introducing us, however I gave them the contract and reminded them that they have had to do no groundwork.

Would like your thoughts on where I stand:

Can they legally charge their standard "introducing" fee as they would if I had applied for the job through their agency then left to join the Client directly?

Thanks!
beeker.

[Hex]

What does it say in your contract with the agency? If you signed a contract which contained a clause which required a fee to be paid in order for you to go direct then that is probably legally binding.

[beeker]

My contract doesn't specifically mention any 'if i was to leave and work direct' clause. I'm waiting to hear what the agency comes back with.

I'm hoping that their contract with the client would contain specific wording like: "charge you a fee for introducing you to MyCo should you wish to employ them directly" - In which case I think I am fine as they did not introduce me.

If they did have a 'fee' clause I could not get out of , could I be employed under another job title that "became" available?

Thanks,
Beeker.

[Sockpuppet]

Just work direct. If the agy moan just tell them that you have had a good relationship would use them in the future but if they continue to push it you'll close your co and start another in which case they get nothing and no repeat business.

[TheFaQQer]

Just work direct. If the agy moan just tell them that you have had a good relationship would use them in the future but if they continue to push it you'll close your co and start another in which case they get nothing and no repeat business.

They'll be gutted at the thought of not getting any repeat business.

[beeker]

They'll be gutted at the thought of not getting any repeat business.

For a large company there would be many future contracts not only in my discipline, which the agency would miss out on as they would have a 'bad rep'- so yes, no repeat business and a "lost client" would not be good for the agency.

I still don't want to ruin a good relationship with the Agency, hopefully they'll see sense and let this one go as there will almost certainly be other contracts through them in teh future....!

[TheFaQQer]

For a large company there would be many future contracts not only in my discipline, which the agency would miss out on as they would have a 'bad rep'- so yes, no repeat business and a "lost client" would not be good for the agency.

I still don't want to ruin a good relationship with the Agency, hopefully they'll see sense and let this one go as there will almost certainly be other contracts through them in teh future....!

The implication from SP's post was that the agency would be worried by the thought that your company might not use them again - not the client.

I really don't think they would be at all fussed if one contractor said that they would avoid them, hence the

[beeker]

Got the ok to work directly with the client, so thats a bonus! Thanks for everyone's input.

I'm now getting a contract sorted out and wondered if anyone had any clauses for normal working days of 7.5 hours and what provisions they include if work goes on above the 7.5 or below.

Do you all invoice for the percentage of the day worked or anything 4+ equals one day? etc?

Thanks!!
Beeker.

[beeker]

bump..
anyone have some advice as per previous post?!

[NotAllThere]

It depends on whether your client is reasonable or not.

A far as I am concerned, I just charge daily rate whether I work 7.5 hours, 6 or 9. However, I aim to work only 7.5 hours on average. Usually it works out. ( Slight caveat - I actually charge at a granularity of half a day - but the same principle applies ).