Agent wants to change agreed contract

[dynamicsaxcontractor]

Need a bit of advice, I think I know where I stand but always good to hear what others have to say.

Agreed a new contract a couple of weeks ago and started a few days later. Got the contract through, signed it and returned to the agent. Now the agent tries to get me to sign a new contract with changed terms. The new terms are miles worse than the ones in the contrac I already signed and sent back to them.

Where do I stand? I haven't signed the Opt out so I am Opted in as well. I beleive the contract is legally binding, which I told him - not sure how easy to proove though?

Thanks for any advice.

[SueEllen]

Ignore the agent i.e. don't take their phone calls etc.

If you started work particularly if you have received payment then the contract is legally binding until you both agree to renegotiate the contract.

If the agent insists then tell the agent you are going to get your lawyer to go through the contract. And if the agent still insists pay a lawyer to go through the new contract. The lawyer is likely to redraft the new contract so the terms are equal to or better than the old ones.

[dynamicsaxcontractor]

Ignore the agent i.e. don't take their phone calls etc.

If you started work particularly if you have received payment then the contract is legally binding until you both agree to renegotiate the contract.

If the agent insists then tell the agent you are going to get your lawyer to go through the contract. And if the agent still insists pay a lawyer to go through the new contract. The lawyer is likely to redraft the new contract so the terms are equal to or better than the old ones.

I havent invoice them yet so not got paid yet. The agent never signed and returned the contract I sent to them although it was their contract I signed.

[TykeMerc]

If you've got an agreed, signed contract that's already in force then you can tell the agent that you're simply not prepared to alter the T's & C's for the duration of the contract, you have no obligation from moral or legal standpoints to accept changes.

It's a different matter at renewal, but at that point you can decline the new contract until the terms are acceptable.

[dynamicsaxcontractor]

"Yes, I am willing to negotiate. What sort of rate increase are you offering me?"

Thats what I did, just wanted to check with the rest of you.....

[SueEllen]

I havent invoice them yet so not got paid yet. The agent never signed and returned the contract I sent to them although it was their contract I signed.

Loads of agents do that.

They mistakenly believe that if they don't sign the contract then it can't be legally enforced. Unfortunately if they pay for the work at all then it can.

[Wanderer]

Ignore the agent i.e. don't take their phone calls etc.

Loads of agents do that. They mistakenly believe that if they don't sign the contract then it can't be legally enforced. Unfortunately if they pay for the work at all then it can.

What SueEllen says is right on the money - don't let the agent pull your chain. They present you with a contract, you start work (signed by either party or not) and it's legally binding. If they want to change that then they need to give notice to terminate the contract and issue a new one which you may accept or reject.

Tell the agent to wind their head in or you will tell the client that they are being unreasonable by trying to change the terms of the contract retrospectively.

[dynamicsaxcontractor]

What SueEllen says is right on the money - don't let the agent pull your chain. They present you with a contract, you start work (signed by either party or not) and it's legally binding. If they want to change that then they need to give notice to terminate the contract and issue a new one which you may accept or reject.

Tell the agent to wind their head in or you will tell the client that they are being unreasonable by trying to change the terms of the contract retrospectively.

To make this more interesting and confusing.....

Just found out that my agent has not agreed his terms with the client (who is another agent who is the preferred supplier for the client). So the other agent won't change their terms with my agent and therefor my agent beleive I have to sign a new contract with his terms.

I beleive this is a f*** u* by my agent and that he should never have agreed a contract with me without agreeing the terms with his client. Only way out as I can see it is to agree a new contract with the new terms and a new rate or for my agent to give me my notice and gamble on me agreeing a new contract.

[eek]

To make this more interesting and confusing.....

I beleive this is a f*** u* by my agent and that he should never have agreed a contract with me without agreeing the terms with his client. Only way out as I can see it is to agree a new contract with the new terms and a new rate or for my agent to give me my notice and gamble on me agreeing a new contract.

Agreed. Are you opted in or opted out. If you are opted in that would give you a lot more flexability.

personally if you really don't like the terms and conditions I think your best bet is to go contract hunting.

[SueEllen]

To make this more interesting and confusing.....

Just found out that my agent has not agreed his terms with the client (who is another agent who is the preferred supplier for the client). So the other agent won't change their terms with my agent and therefor my agent beleive I have to sign a new contract with his terms.

I beleive this is a f*** u* by my agent and that he should never have agreed a contract with me without agreeing the terms with his client. Only way out as I can see it is to agree a new contract with the new terms and a new rate or for my agent to give me my notice and gamble on me agreeing a new contract.

Not your problem it's the agent's problem.

If they presented you with a contract which you signed in and honoured by starting to work in good faith then they are the ones with the problem.

As you are opted-in even if the agent, who placed you, terminated the contract tomorrow they would have to pay you.

One thing you can always do is just inform your agency that unfortunately you are going to have to tell the client, who you like working for, exactly why you are going so they don't think it's them ( the client) who you have an issue with......