Quick Question: Opting in expected within the Contract

[northernladuk]

Tell me though.... Why do agencies put these clauses in the contract when they KNOW full well that they can't be enforced? Is it just a bluff or what?

Then when you point out that they are bang to rights, they go through all this palava of getting the "legal team" involved and pissing around for ages or getting really angry becase this is their "standard contract" and there is no way they can change it for you.

To be totally honest after looking through all the threads about Breach for another poster I came to the conclusion that even the contracts are never enforced. People leave, quit, get fired etc etc and no one ever takes the matter legal so the contract is worthless. Odd innit.

[NotAllThere]

... I had seen something to that affect on the site,...
Probably make senses to get the clause removed from the contract or sent an email to the agent indicating that I consider myself opt'ed in?

effect, opted

... The response was a 5 min wait whilst he called his legal person

went and got a coffee.

... One day notice for them and no notice for the contractor. I heard that this was illegal or against agency governing rules as well?? ....

No you didn't. At least not from an informed source, and it's been discussed to death here many times.

btw - you don't have to suck it up. You tell the agent that these are the changes you want, otherwise you won't take the contract. See who blinks first. However, as the agent already clearly knows you are a patsy, you don't have the contract mindset, you're already at a disadvantage.

[shanti]

effect, opted

went and got a coffee.
No you didn't. At least not from an informed source, and it's been discussed to death here many times.

btw - you don't have to suck it up. You tell the agent that these are the changes you want, otherwise you won't take the contract. See who blinks first. However, as the agent already clearly knows you are a patsy, you don't have the contract mindset, you're already at a disadvantage.

maybe. but he sounds a little gun-ho. i get the impression he is not bothered about the project or clientco (unless its on his terms)... short term project and thus could not careless or he is not happy with the clientco procurement department, etc.. it felt like a risk to say no and then wait for the call back which may never happen - considering the other interviewee who got rejected is still in the frame.

i suppose there is no strategy/method of calculating your barging power, other than asking a few questions carefully constructed and seeing if you catch the other person off guard in revealing their true desire to fill the slot.

another annoying tendency in these situations is that the clientco relationship is owned by the agency, so its probably pointless going to the clientco and moaning about the agent who really does not give a poo about their project. i could be easily stabbed in the back by the agent who could tell clientco that I declined the project or was unreasonable.

approaches/advice always welcome. but at this point i think i should take it if I am confident that its a decent project. as per other posts on this thread - I can't see them with-holding payment if I have to leave (30 payment terms for them to contractor) or suing for earlier departure.