Pending contract offer but must opt out and accept withholding day rate

[seanraaron]

Admittedly only read from page 3 but if they wanted you to opt out they should have told you BEFORE being introduced to the end client, they can't enforce it latterly.

I can't remember the exact timing, if I had a start date when it was raised or not.

@MarkyMark (honestly) That doesn't make is any more likely that the agency will fork over my pay without a fight, does it? Which was my point. I can tick the "In" box, but that's not really worth anything if the agency is unwilling to pay. I can go down the courts route and probably would, but then I'd do that even in an opt-out situation.

[MrMarkyMark]

I can't remember the exact timing, if I had a start date when it was raised or not.

@MarkyMark (honestly) That doesn't make is any more likely that the agency will fork over my pay without a fight, does it? Which was my point. I can tick the "In" box, but that's not really worth anything if the agency is unwilling to pay. I can go down the courts route and probably would, but then I'd do that even in an opt-out situation.

Without it, legally you are nowhere, thats MY point.
If you want to kid yourself, that is fine by me.

[SueEllen]

I can't remember the exact timing, if I had a start date when it was raised or not.

@MarkyMark (honestly) That doesn't make is any more likely that the agency will fork over my pay without a fight, does it? Which was my point. I can tick the "In" box, but that's not really worth anything if the agency is unwilling to pay. I can go down the courts route and probably would, but then I'd do that even in an opt-out situation.

If the agency is large enough they will fork out for your pay simply because they paid you before they themselves got paid.

[seanraaron]

If the agency is large enough they will fork out for your pay simply because they paid you before they themselves got paid.

Well my agency is doing that without doing the opt-in. I accept that seems the better way to go; I'm just not sure that issue alone makes it worthwhile to turn down a gig if the agency was going to be knobs about it.

[OhJoy]

Response on retainer

Recruiter has come back and said I'd get it pro-rata if the work has been completed early and we agree to finish the contract earlier. Explanation was to retain staff.

The retainer is still bound to the terms of the termination clause which include lines like:
1. Can't turn up to work for 2 weeks which have not been approved by client.
2. Breach
3. Dissatisfaction by client of work performed
4. Liquidation of client
5. Client breaks contract with recruitment agency for provision of services..

Would it be wrong to contact the hiring manager to ask whether he is bound by the terms of a retainer as well? I've noticed he's also a contractor ...

[northernladuk]

Hmm not liking any of them, particularly 4 and 5. Why should your money be used to prop up the agents losses if they lose their client.. But anyway.. That's got to be a big no thanks surely?

You can ask but a) he'd be stupid to tell you as its his business not yours b) I wouldn't believe him and c) you might lot like what you hear.. But watch for b) and I guess d) what does what he has got to do with you. Could derail you if he was there before it was introduced or his position didn't require one.
Just be careful with this one but you can try.

You didn't say if he is through the same agency. I assume he is?

Wonder if the hiring manager contractor has IR35 protection

[OhJoy]

retainer response

Fair enough. It's not my business to find out what the manager has signed up to.

I don't like the heavy handed approach the recruiter compliance team applied and the retainer clause. The recruiter who introduced me to the role seemed a bit panicky when I said this was proving to be a negative experience.

I should find out if I will get another extension with current gig. I'm annoyed I'm stressing out over an extra 1/2 hour pay for a role where the burden of dealing with the agency has been so painful.

No doubt I'm being the newbie and don't realise that the agency is always the biggest negative with contracts

[northernladuk]

You have had one of the worst experiences I've seen for awhile to be honest. Normally they are OK'ish and get easier as you learn the game. You'll hear the can't progress if you don't opt out again sometime but it's not that common but hopefully this will be the one and only time this retainer rubbish will rear it's head. It will get easier.

[SueEllen]

I would let the client manager know about the retainer specifically the last 2 parts of the clause.

Even if you don't take the contract, which I wouldn't on those terms, the client manager needs to know the agency is dodgy.

[LondonManc]

Fair enough. It's not my business to find out what the manager has signed up to.

I don't like the heavy handed approach the recruiter compliance team applied and the retainer clause. The recruiter who introduced me to the role seemed a bit panicky when I said this was proving to be a negative experience.

I should find out if I will get another extension with current gig. I'm annoyed I'm stressing out over an extra 1/2 hour pay for a role where the burden of dealing with the agency has been so painful.

No doubt I'm being the newbie and don't realise that the agency is always the biggest negative with contracts

You're rightly stressed out. I've never heard of a retainer on an IT contract before. Have you had the contract assessed by QDOS? Worth the money for you if you've got it on two grounds; it adds a delay that you might need to get the current extension over the line and will flag up the precise clauses (probably many of them!) that could cause issues. You've got to do what's best for business after all.