How do I ask for **Open book?** (Urgent Help Requested)

[shanti]

... here's the story.

• Just been offered a role for a Local Government a day ago
• Was told that I was submitted at a 350 per day by the agent to secure an interview
• Not sure if that was the case (the agent could just be low balling me)
• Received a contract from the agent (some of the T&C's I don't like)
• I have no visibility of the terms the agent has with the Clientco
• I want the agency to take a 15% margin max
• And provide me a contract which is reflective of their agency-to-clientco contract

Question...

Can I ask to see the agency "master schedule contract" or "terms of business" with their clientco? (is this what they call the agency-to-clientco contract?)

Is there something called "Open book"? Where the terms of the clientco to agency contract is visible to the contractor. That way I know what they are billing out and what cut I am getting.

Also the agent has put a 1 day notice period to fire the contractor and the contractor can't provide any notice to them. For all I know, they could be getting 4 weeks notice from the clientco upon termination - paying me for a day and pocketing the difference(!)

I want transparency - to ensure that the notice periods (and other T&C's) match what they are on with the clientco and their commissions are reasonable.

How do I ask for this - is it called an open book contract?

If I don't get this transparency, I think I should walk.

...your advise urgently welcomed.

[pmeswani]

Just tell them that you won't accept the contract until they meet your demands. Maybe someone else who is less stoopid than you will win the contract from you.

[DiscoStu]

Oh god, are you on another pointless crusade for truth and justice?

[malvolio]

Simple. Ask for one. The agency will refuse because of a confidetniality agreement between them and the client. Then what? (Hint: it's a buyer's market right now.)

The more intelligent approach (tricky concept, perhaps) if to have a clause in your contract that says there are no conflicting clauses in the upper contract. Then when you get IR35'd and lose, you can sue the agency for misrepresentation. And of course, it's up to you to ensure that what the contract says and how you actually work are properly aligned.

[EddieNambulous]

... here's the story.

Unless you've got super-niche in-demand skills, I'd say you're in a very weak position to negotiate anything in the current marketplace.

[cojak]

Or just forward it to Bauer and Cottrell and let them deal with it...

[TykeMerc]

The guy's clearly a total moron or an insane troll.

Assuming he's an actual contractor and not a troll I have no doubt that he's not worked since the last rediculous thread.

I was pretty charitable in his last thread, in this one I'm just going to assume he's a complete cretin who deserves to be out of work until he grows up and faces bankruptcy.

Shanti the correct answer to each point you raised is NO.

[shanti]

Thanks - best approach?

Just tell them that you won't accept the contract until they meet your demands. Maybe someone else who is less stoopid than you will win the contract from you.

Okay - bit of context here.

This is a multi-agent scenario. The agent I am working with has only been successful with my application. The may be another person in the frame, but submitted via a different agent.

Thus, its to the agent and my benefit to get an agreement and a contract signed asap. A little bit of leverage there to get the agent to play ball (bearing in mind that its a crappy market and other people could take it).

Anycase, I understand that contracts with noticed periods which are not reciprocal are not enforceable - they can put anything on the contract for non-termination on the contractors part - but if you leave - they can't enforce it? Is this the case?

More importantly: can I put something in the contract to ask for renegotiation after a couple of months with the agent (without ending the contract)? I could get in with the client and then have more bargining power later - anyone done this - what do you ask for??

[jmo21]

Okay - bit of context here.
Thus, its to the agent and my benefit to get an agreement and a contract signed asap. A little bit of leverage there to get the agent to play ball (bearing in mind that its a crappy market and other people could take it).

True, but not at the expense of contract clauses they do not like, possibly such as this one for the reason you state (getting in and getting more leverage - that is what renewal time is for, and even then you might not get what you ask for).

More importantly: can I put something in the contract to ask for renegotiation after a couple of months with the agent (without ending the contract)? I could get in with the client and then have more bargining power later - anyone done this - what do you ask for??

Renegotiation such as:

Shanti - can I have more money?

Agent - No.

Shanti - that's not fair.

Agent - We only had an agreement for renegotiation, not that we would actually agree to the demands you made when the contract was signed initially, and that we rejected

Shanti - you are being unfair.

Agent - how exactly, are we being unfair?

etc...

[Clippy]

The guy's clearly a total moron or an insane troll.

Assuming he's an actual contractor and not a troll I have no doubt that he's not worked since the last rediculous thread.

I was pretty charitable in his last thread, in this one I'm just going to assume he's a complete cretin who deserves to be out of work until he grows up and faces bankruptcy.

Shanti the correct answer to each point you raised is NO.

My moneys on him being a totally moronoic insane troll.