Get rid of blood sucking agency?

[Odendaal RD]

Alright, my contract is coming to an end (mid Aug). The client wants me to stay on with an increase in my hourly rate. I have however come to realise that my agency is taking 33% commission. Idiot!! Yes I know!!! I would really like to leave the agency at the end of the contract and approach another agent. However my current contract says that I cannot continue to provide a service to the same client for 4 months after the contract has terminated (or something along those lines). The new contract which my agent wants me to sign is up until Apr 2005 (from Aug)

The question is, can I get the client to say that they only want to extend the contract by a month, opt-in to the regulations and then once the month is complete, leave the agency and approach another that will take a lower commission? Or is there another way I can continue to work for the client and change agency?

[Vetran]

have you opted out?

[Odendaal RD]

I wasn't provided with an option to opt-in or opt-out with my current contract which expires mid-August. It was signed in May. My agency has however given me the option of opting-in/out for the renewal, which is yet to be signed. I want to therefore get a renewal contract for only a month, make sure I opt-in and then see that month out. After which I can go through another agency. Can this be done?

[Vetran]

Then most people believe you are automatically opted in, this allows you to go direct or to another agency at renewal time.

get some legal advice.

[oaksoft]

Congratulations on finding out.

Now use that knowledge to squeeze the agent without affecting the client and stop worrying about your past negotiating mistake. The agent will probably drop to 15% before he'll start talking to the client regardless of what they say. If they believe you'll walk and that the client desparately want to keep you then the agency will buckle.
I know because I have been in that position on both sides of the coin.

You cannot get away from this agency either inside or outside the regs.

Vetran is wrong.

Even inside the regs, you'd need to actively leave the client for 2 months after your last day.

[Vetran]

oh right, sorry everyone had suggested you could just swap

[DodgyAgent]

how much bottle?

If the agents contract says that they will charge you for losses then it may be tricky to escape. If the contract suggests that recourse is gained by stopping you (through an injunction) from working then you are on strong ground. Don't threaten to leave the job because you will all lose out. Go for a lower margin (10% is plenty) offering maybe to split the saving with the client (if you need to). If the agency digs in go direct, if it continues to dig in you can always switch back to them. Do not get emotional about it because it will reflect badly on you. If the agency starts getting emotional (very likely) rise above it and allow them to dig themselves a hole, this will give you the support of the client (always needed)