Where does the agencies control end?

[LondonManc]

Recently, I had a contract amendment sent through which stated that contractors had to give 30 days notice of time off / holiday .

I refused to sign it and told the agent, especially as my working practices now or in the past have never been that way.
I have since extended on my original terms, then the contract amendment mail was triggered again, which I have ignored.

Obviously, though, in the background the agency <> client contract has been changed.
I have read somewhere that all this work we do having things amended etc. will not count for much if the agency <> Client contractual relationship is different to the one we signed.

Comments?

Your contract is with the agency and you have a set of terms and conditions of engagement between you.
The agency will have a contract with the client and they have a set of terms and conditions of engagement between them that may well be different. If that has not been revealed to you/imposed upon your contract then it's not your problem. While these are the unknown unknowns that Rumsfeld eulogised about, you've got a contract with the agency. If they've accepted more restrictive terms in their B2B contract with ClientCo, that's their issue.

[NotAllThere]

Never?

I've had a few who think they're my boss once they get me a contract..... And a lot who use the term "working for us".

Never. I make it quite clear that they work for me (invoice factoring, possibly finding new roles).

[MrMarkyMark]

While these are the unknown unknowns that Rumsfeld eulogised about

If they've accepted more restrictive terms in their B2B contract with ClientCo, that's their issue.

Thats how I would like to see it, however I have read different, but all unproven in law, I believe.

[curtis]

I have had the 'have to check with the agent first' clause in a couple of contracts, I just ignore it I always run any holiday past the client as long as they agree I go.

At the end of the day what are they going to do if I have agreed time off with client, if they get funny I would just say I will speak to the client as they were fine with this, surely they would not want to rock the boat with their relationship with the client when the client will be hearing from me they are getting funny, does not make them then look good does it.

My current one says any personal appointments must be made outside of my working hours. Yes like I can get a doctors/dentist appointment before 9 and after 5.30 ever!! What world are they living on with these clauses?? What next my toilet breaks should be on my time only and I should ring them to let them know first.

[MrMarkyMark]

I have had the 'have to check with the agent first' clause in a couple of contracts, I just ignore it I always run any holiday past the client as long as they agree I go.

At the end of the day what are they going to do if I have agreed time off with client, if they get funny I would just say I will speak to the client as they were fine with this, surely they would not want to rock the boat with their relationship with the client when the client will be hearing from me they are getting funny, does not make them then look good does it.

Sorry Curtis, just realised I didn't provide the full info.
No, this was letting the client know 30 days before taking time off.

[WTFH]

Sorry Curtis, just realised I didn't provide the full info.
No, this was letting the client know 30 days before taking time off.

Did you ask the client if they needed to know that? It may well have been the pimp trying to control you.

[MrMarkyMark]

Did you ask the client if they needed to know that? It may well have been the pimp trying to control you.

No, we do have a system that we use to record time off. This self authorises and informs my reporting line.
In any case, as I guess many of you do, I have my own working practices and have never had any problems.

There were other clauses I didn't like, apparently all in the Agent <> Client contract series of amendments.
I let my contact at the agency know that I didn't like them, or would ever comply to them, therefore I wouldn't be signing it.

[SueEllen]

I had a contract which stipulated I had to tell the agency when I was having time off.

So like a good little girl I told the agency. The agent's response was priceless:
"I don't care as long as the client is happy"

This was the first and last time I've told agencies my working arrangements with clients.

Now I get them to remove such clauses pointing out they are pointless.

[MrMarkyMark]

I had a contract which stipulated I had to tell the agency when I was having time off.

I believe that may be in the original, currently in play, contract.
I have always ignored that too .

[psychocandy]

From what I can some of my contracts included clauses about letting the agent know before 10am if I was unable to be on site etc. I forget the actual detail.

Funny thing is people are probably contractually obliged to tell their agent about time off etc.....

Yep. Have had that and got it taken out. Pointless.

If I am ill I will let client know obviously but dont want to spend all morning speaking to tosser agents as well.