Opt In/Out again !!!!!!!

[The Lone Gunman]

Oh dear ! All getting a bit heated !

I'm on site and still signed nowt, they just sent me a contract with OPT OUT stamped on it but also had the wrong rate ( a lower one surprise surprise ! ). Pondering as we speak. Best get doing some work on Day 1. I'm a real business you know !

You need to leave site right now.
If you continue to work you have defacto accepted the lower rate in the contract received.
Walk away untill they put that right (or at least acknowledge their error).
Once again, it does not matter what they say, You are opted in.

[rootsnall]

You need to leave site right now.
If you continue to work you have defacto accepted the lower rate in the contract received.
Walk away untill they put that right.
Once again, it does not matter what they say, You are opted in.

I won't be going anywhere, my most important person to keep happy is now the PM on site.

[The Lone Gunman]

I won't be going anywhere, my most important person to keep happy is now the PM on site.

Talk to the PM. Tell them you are being pissed about by the agent and need to sort it out. He may get involved and lean on them for you.
You need to sort this.

I understand your dilemma.

[rootsnall]

Talk to the PM. Tell them you are being pissed about by the agent and need to sort it out. He may get involved and lean on them for you.
You need to sort this.

I understand your dilemma.

It's no big deal now, there is nothing to sort if I take the easy option and sign the opt out contract with the correct rate when it arrives. I gave it a shot but it's now time to get my head down I think. The only thing I'm bothered about is the 12 month restriction, the chances of being able to go direct are limited at the best of times.

[Turion]

You need to leave site right now.
If you continue to work you have defacto accepted the lower rate in the contract received.
Walk away untill they put that right (or at least acknowledge their error).
Once again, it does not matter what they say, You are opted in.

Leaving the site is the worst thing to do. At best you lose a days pay, at worst the whole contract. Just tell agency to sort it.

[TheFaQQer]

It's no big deal now, there is nothing to sort if I take the easy option and sign the opt out contract with the correct rate when it arrives. I gave it a shot but it's now time to get my head down I think. The only thing I'm bothered about is the 12 month restriction, the chances of being able to go direct are limited at the best of times.

The 12 month restriction is moot - you are opted in, so if you wanted to go direct, you can. If you want to do it, and the client will accept it, then be prepared for an argument - but you will win that, regardless of what you signed.

There will be a standard clause in the contract that says something like "if any part of this contract is rules unlawful, then the rest still stands" - in the event of a dispute, the restriction would be ruled unlawful for two reasons. 1 - 12 months is unreasonable; 2 - you are opted in, therefore the law is on your side.

Get the rate sorted, and you can then do whatever you want to do with going direct at a later stage.

[TheFaQQer]

Leaving the site is the worst thing to do. At best you lose a days pay, at worst the whole contract. Just tell agency to sort it.

By working there without an agreed contract, you accept the contract that was sent across by the EB last time, i.e. one on a lower rate.

If the EB wanted to argue it, they could. So your advice is effectively to work on a contract at a lower rate. Genius.

[oracleslave]

By working there without an agreed contract, you accept the contract that was sent across by the EB last time, i.e. one on a lower rate.

If the EB wanted to argue it, they could. So your advice is effectively to work on a contract at a lower rate. Genius.

Indeed. Unfortunately your 'discussion' with Turion in this thread conjures images of ratewhore's avatar. Some people refuse to be helped.

[TheFaQQer]

Indeed. Unfortunately your 'discussion' with Turion in this thread conjures images of ratewhore's avatar. Some people refuse to be helped.

I'm more interested in countering such blatant bad advice, to be honest.

Advocating that opting in makes you a corrupt employee, that you can opt out once you have met the client, and that you should implicitly accept a contract that pays less than you agreed is not something that a "real business" would really do.

[The Lone Gunman]

I'm more interested in countering such blatant bad advice, to be honest.

Advocating that opting in makes you a corrupt employee, that you can opt out once you have met the client, and that you should implicitly accept a contract that pays less than you agreed is not something that a "real business" would really do.

AGREED.
There are any number of people on here (and other contractor web sites) offering opinions as fact.
I may be paranoid, but I am sure some of them are agents or even Hectors spreading misinformation.

It is imperative that we defend our position to the hilt.
I would also like it if those who do not know what they are talking about refrained from joining in threads like this.
By all means discuss these issues, but not here where people need good straight advice.