Contract rewrite - is this a messed up clause in contract, or usual stuff?

[SQLSwerver]

Greetings CUK'ers (no pun intended!!)

Just been boomed - confirmed in email from client - and waiting for the Agency email.

In the contract there's a clause stating....

1.Agency reserves the right to terminate the Consultant’s assignment immediately without payment or notice or other compensation in the event of unsatisfactory work by the individual.

2. Agency reserves the right to terminate the Consultant’s assignment without payment in lieu of notice or other compensation in the event of any misconduct or other behaviour that is less than reasonable professional standards.

I have some doubt about #2, but it could pass for reasonable - however I think #1 is seriously messed up. It gives the agency carte blanche to not pay a penny if the manager throws a hissy, and given that timesheets are all done on the client's own portal, that's a month's exposure.

I guess it all comes down to my own appetite for risk, but it'd be good to get some advice from my fellow sufferers

[PerfectStorm]

Greetings CUK'ers (no pun intended!!)

Just been boomed - confirmed in email from client - and waiting for the Agency email.

In the contract there's a clause stating....

1.Agency reserves the right to terminate the Consultant’s assignment immediately without payment or notice or other compensation in the event of unsatisfactory work by the individual.

2. Agency reserves the right to terminate the Consultant’s assignment without payment in lieu of notice or other compensation in the event of any misconduct or other behaviour that is less than reasonable professional standards.

I have some doubt about #2, but it could pass for reasonable - however I think #1 is seriously messed up. It gives the agency carte blanche to not pay a penny if the manager throws a hissy, and given that timesheets are all done on the client's own portal, that's a month's exposure.

I guess it all comes down to my own appetite for risk, but it'd be good to get some advice from my fellow sufferers

I would see both as forming part of the 'deal' you get as a contractor. Unlike permanent staff, a company can get rid of you without months of handwringing... but on the plus side, if you're good, you'll be kept on and be paid very well.

Also: remember what you are; a contractor. Someone providing a service for a fee. If you contracted someone to refit your kitchen and you didn't like the job, you wouldn't expect to pay them anyway would you.

Just don't be rubbish

[SueEllen]

Greetings CUK'ers (no pun intended!!)

Just been boomed - confirmed in email from client - and waiting for the Agency email.

In the contract there's a clause stating....

1.Agency reserves the right to terminate the Consultant’s assignment immediately without payment or notice or other compensation in the event of unsatisfactory work by the individual.

2. Agency reserves the right to terminate the Consultant’s assignment without payment in lieu of notice or other compensation in the event of any misconduct or other behaviour that is less than reasonable professional standards.

Whether the clauses are reasonable or not depends on what is written in the upper contract.

I've questioned agencies on clauses like this.

In the case of 1 sometimes the upper contract has a statement in it where the contractor is allowed x days to rectify the issue. However even with this additional time if you agree with the client a deadline to produce something and you don't produce it by that deadline due to your lack of skill then expect to get walked.

In the case of 2 the agency drone is too lazy to write in the contractor contract a more lengthy term which means you must not discriminate against, abuse or generally harass other workers on the client site.

[Zak]

that's quite common

Greetings CUK'ers (no pun intended!!)

1.Agency reserves the right to terminate the Consultant’s assignment immediately without payment or notice or other compensation in the event of unsatisfactory work by the individual.

2. Agency reserves the right to terminate the Consultant’s assignment without payment in lieu of notice or other compensation in the event of any misconduct or other behaviour that is less than reasonable professional standards.

Those are quite common. I've got the exact same line (first one) and similar to the second in my current contract.

[DTexas]

When contracts typically have a clause that says you can be sacked with one week's notice without any reason provided, this is why I wonder why the excessive screening required by some companies are so ridiculous?

[cojak]

I would see both as forming part of the 'deal' you get as a contractor. Unlike permanent staff, a company can get rid of you without months of handwringing... but on the plus side, if you're good, you'll be kept on and be paid very well.

Also: remember what you are; a contractor. Someone providing a service for a fee. If you contracted someone to refit your kitchen and you didn't like the job, you wouldn't expect to pay them anyway would you.

Just don't be rubbish

You could be the very best at your job. If the agent is suffering from cash-flow problems and decide to move the risk down to you, you could still be out on your ear and out of pocket. The agent would then have saved a bit of money.

You have to decide how trustworthy/cash-rich the agency is before you say yes.

Mitigation is much cheaper than litigation after all...