Ooooo new contracts.....

[Sockpuppet]

So the agency has decided in its wisdom to send out new contracts. These apparently apply from the 28th September.

There are so many bulltulip clauses in there.

7.3 The Contractor or the Personnel may not enter into direct negotiations or discussions with the Client with regard to charges, income, contract duration or termination, or any other matter relating to the Assignment save as is expressly allowed for within these Terms.

Ok, so if the client says "we want you to stay you up for it" I now have to answer ..... "I could tell you but then I'd have to kill you".

8.7 These Terms are confidential. Details to do with remuneration, expenses, client identity, charge and pay rates or other information related to these Terms or the Assignment, are not to be disclosed to any third party by the Contractor without the express permission of ReThink in writing.

So no more contract reviews without asking first.

[HeadOfTesting]

So no more contract reviews without asking first.

Surely it's the unsigned doc that goes for review? Surely this isn't enforceble in respect of steps you take to get your legal/tax position checked.

[The Agents View]

So the agency has decided in its wisdom to send out new contracts. These apparently apply from the 28th September.

There are so many bulltulip clauses in there.



Ok, so if the client says "we want you to stay you up for it" I now have to answer ..... "I could tell you but then I'd have to kill you".



So no more contract reviews without asking first.

That last one is bulltulip - You may wish to remind them that from time to time you have to fill in tax returns, mortgage applications, credit agreements, etc etc, all of whom could be construed to be 3rd parties - Quite frankly, it has toss all to do with the agency who you discuss your remuneration package with. Naturally it could land you in hot water, but you're a professional, so I'm probably safe to assume you would know where the line is on that anyway!

Tell 'em to do one for that one in particular...... cr4p contracts made me so mad!

[jim2406]

my brother, a solicitor, often reminds me law is a grey area.

sure, if you violate the contract they could try to sue you - but it would have to be worth their while (which it isn't) stand up in court (which it wouldn't).

similarly, anyone can attempt to sue anyone for anything, but it doesn't mean it would go anywhere.

i wouldn't worry too much about these clauses, they are clearly ridiculous and not enforceable.

[zamzummim]

i wouldn't worry too much about these clauses, they are clearly ridiculous and not enforceable.

But why should we be bullied into signing them, the more we go a long the more the agencies are taking advantage... the discussion of the rates is because some agencies are taking the piss - two of the contractors I work with found out that the agency that placed them is getting a 40% cut ... for naming and shaming purposes its CF !!

[RichardCranium]

some agencies are taking the piss - two of the contractors I work with found out that the agency that placed them is getting a 40% cut ... for naming and shaming purposes its CF !!

"A 40% cut"?

If the client is paying £100 per day and the contractor gets £60, the agent is taking a 40% cut = a 40% margin = 66.7% markup =

If the client is paying £100 per day and the contractor gets £71.43, the agent is taking a 28.6% cut = a 28.6% margin = 40% markup = only

[bullseye]

So the agency has decided in its wisdom to send out new contracts. These apparently apply from the 28th September.

There are so many bulltulip clauses in there.



Ok, so if the client says "we want you to stay you up for it" I now have to answer ..... "I could tell you but then I'd have to kill you".



So no more contract reviews without asking first.

SP, I hope you read this before the end of day today.

Even I have got a contract through RT, and they are saying I cannot give them any notice and then can give me 30 days notice and terminate the contract and also payment terms are monthly invoices + 30 days for them to pay.

I asked them for weekly invoicing and payments and also 7 days notice from each party. They are saying they cannot do it as it is their standard contract and there are 500 contractors on the same contract. have not signed the contract yet.

Just out of curiosity what have you got as notice period and payment terms?

[RichardCranium]

They are saying they cannot do it as it is their standard contract and there are 500 contractors on the same contract.

That will be untrue. Every agency will have a variety of contracts in use at the same time.

[zamzummim]

"A 40% cut"?

If the client is paying £100 per day and the contractor gets £60, the agent is taking a 40% cut = a 40% margin = 66.7% markup =

If the client is paying £100 per day and the contractor gets £71.43, the agent is taking a 28.6% cut = a 28.6% margin = 40% markup = only

I kid you not RC, both contractors discovered they've been had by the agency, they are taking 40% of what client is paying for the contractor.

One refused to renew, and the other's contract is up for renewal soon and he is adamant not to renew, I am contracting at the same place direct, but there has been some talk from legal that all contractors have to go through that agency, so told them if they force me to do so, then I hope they are willing to pay the extra 40%

[Sockpuppet]

Just out of curiosity what have you got as notice period and payment terms?

Standard RT terms of 30 days notice, none allowed from my side (not worried as I don't do contracts of more than 3 months at a time).

Monthly invoicing but payment is within 14 days.