Shifting Agencies

[cukacc]

What is a process to move to a different agency? But then renew with the company you are already with.

What hold does the current agency have over the contractor?

[expat]

What is a process to move to a different agency? But then renew with the company you are already with.

What hold does the current agency have over the contractor?

1. normally there is a clause in the contract between the agency and the contractor that forbids that.
2. normally there is also a clause in the contract between the agency and the client, that forbids them from taking the contractor on without the agency.

[pmeswani]

What is a process to move to a different agency? But then renew with the company you are already with.

What hold does the current agency have over the contractor?

What does your contract say? If you agreed to the terms and conditions in your contract, unless it is proven to be illegal, it's binding. If the agency has gone bust, then you should need to seek legal advice on whether you can move to another agency.

[cukacc]

Company is cutting contractor rates, and to make agency cut their

Background.
Company is cutting contractor rates, and to lessen the impact of this I want to pass onto the agency a cut in their commission/%.

I am looking for options of being able to move to an agency that willing to offer a lower % to fulfil the same role.


Relevant Section From Contract.

4.6. The Supplier undertakes that during the period of this Agreement (including any extension thereof) and for a period of six months after termination of the Agreement (or any extension thereof) it will not enter or seek to enter into any agreement with, or solicit or canvass any person or body related to the Client at any time during the subsistence of this Agreement. Such undertaking relates to the supply of any personnel in any capacity to the Client and also that of any subsidiaries or parent or related companies. This may be varied only with the prior written consent of a Director of the Agent. Further the Supplier will procure that all or any of its personnel (including employees, directors, shareholders, subcontractors) will comply with the terms of this undertaking.

[pmeswani]

Background.
Company is cutting contractor rates, and to lessen the impact of this I want to pass onto the agency a cut in their commission/%.

I am looking for options of being able to move to an agency that willing to offer a lower % to fulfil the same role.


Relevant Section From Contract.

4.6. The Supplier undertakes that during the period of this Agreement (including any extension thereof) and for a period of six months after termination of the Agreement (or any extension thereof) it will not enter or seek to enter into any agreement with, or solicit or canvass any person or body related to the Client at any time during the subsistence of this Agreement. Such undertaking relates to the supply of any personnel in any capacity to the Client and also that of any subsidiaries or parent or related companies. This may be varied only with the prior written consent of a Director of the Agent. Further the Supplier will procure that all or any of its personnel (including employees, directors, shareholders, subcontractors) will comply with the terms of this undertaking.

You have answered your own question. Not sure what you want us to say that is different to what you have already stated. If you want to change agencies, get in touch with the agency and tell them. You will, no doubt, pay a penalty to the departing agency.

[Board Game Geek]

Shifting Agencies

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[P1mpAndPr0ud]

...for a period of six months after termination of the Agreement (or any extension thereof) it will not enter or seek to enter into any agreement with, or solicit or canvass any person or body related to the Client at any time during the subsistence of this Agreement. Such undertaking relates to the supply of any personnel in any capacity to the Client and also that of any subsidiaries or parent or related companies. This may be varied only with the prior written consent of a Director of the Agent. Further the Supplier will procure that all or any of its personnel (including employees, directors, shareholders, subcontractors) will comply with the terms of this undertaking.

I'm no lawyer, but that sounds pretty explicit to me. I would start by speaking to your current agent and trying to get a rate increase. Much easier than trying to negotiate your way out of a contract.

The way the market is, they may well seriously consider a cut in their margin to keep the business.

Of course, this may backfire if they are on the PSL and have loads of bodies on site. Proceed with caution.

[Fedup]

Fed Up today, 10% less presents for the kids this year!

I'm no lawyer, but that sounds pretty explicit to me. I would start by speaking to your current agent and trying to get a rate increase. Much easier than trying to negotiate your way out of a contract.

The way the market is, they may well seriously consider a cut in their margin to keep the business.

Of course, this may backfire if they are on the PSL and have loads of bodies on site. Proceed with caution.

What is the margin anyway? I'm assuming the agency found you for your role if you have that clause in the contract?

I've just had a 10% rate cut but my agency only gets 10% margin so are not willing to move - I asked, they told me and wouldn't budge!

I was a bit narked especially as I'm pretty integral to what the client is doing but, having read this forum, I'm just accepting the cut and doing my job. It's business, the market is paying less for our skills currently and I don't want to upset the applecart and risk losing my job completely, no-one is irreplaceable.

When the market improves I'll look to put my rate up again. Simple.

What can you reasonably expect to gain from switching agencies? What agency would consider taking you on if you have a threat of legal action hanging over you from another agency? They will just see you as a troublemaker.

I know a couple agents (for my sins) and they wouldn't touch you.

For what it's worth, my advice is to accept the rate cut, accept the agency makes a margin for you, if it's more than 10% bitch about it, if it's less then accept and get on with your job if it's equal to 10% it's worth asking, you never know!

[Romanymagic]

Why move contract? It's not the agent that is squeezing your rate, your client is, so why have a go at the agent?

Sounds to me to move client would be the solution, only you can't cos the market has gone to fluff ain't it?

Options, therefore are to kick the agent (don't want to upset the client do you), sounds to me like you are up against the wall.

I would suck it up if I was you, nothing is for ever, and everything is eventual if you believe in fate, your opportunity will come around again.