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Different contract lengths between contractor/agency/client

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    Different contract lengths between contractor/agency/client

    Is there anything illegal about an agency signing a longer contract with contractor than they actually have agreed with client?

    For example, client only initially agrees one month with agency and agency sell the contractor a three month contract.

    After the first month agency either extends with client (possibly at higher rate which is not passed on) or invokes a termination clause with contractor.

    It seems wrong to me, but is it illegal? Seems like it could be misrepresentation?

    #2
    What is the notice period from the agency? In my contract it's 4 weeks, which means they'd have to send in notice on my second day of work
    Ask for 4 weeks notice in your contract and you're sorted.

    Comment


      #3
      Originally posted by minstrel View Post
      Is there anything illegal about an agency signing a longer contract with contractor than they actually have agreed with client?

      For example, client only initially agrees one month with agency and agency sell the contractor a three month contract.

      After the first month agency either extends with client (possibly at higher rate which is not passed on) or invokes a termination clause with contractor.

      It seems wrong to me, but is it illegal? Seems like it could be misrepresentation?
      Dont see how its illegal.....

      I had a similar thing recently but that was more due to agency stupidity. My contract ended in the middle of the month but agency contract with client lasted till end of month.

      Of course, in the meantime, no-one listened to me when I said contract ends next week. In the end, it was sorted and contracts are aligned now.
      Rhyddid i lofnod psychocandy!!!!

      Comment


        #4
        There is no notice period - they can terminate immediately if they want.

        Also this contract, and most of the contracts I've signed with agencies, has a clause about it being conditional on the continued contract between agency and client.

        Maybe illegal is the wrong word. Say I had two contract offers on the table - a 6 monther and a 3 monther which paid 10% more. I take the 6 month contract as, although it's slightly less money, it's longer. After 3 months the agency terminates and I find out the client-agency contract was only ever 3 months.

        Agency misrepresented the length of contract, and I would have taken the three month contract paying 10% more if I had known. Can I sue agency for the 10% I lost as a result of them misrepresenting the length of the contract?

        Comment


          #5
          Originally posted by minstrel View Post
          Agency misrepresented the length of contract, and I would have taken the three month contract paying 10% more if I had known. Can I sue agency for the 10% I lost as a result of them misrepresenting the length of the contract?
          No. Failing to make a profit is not the same as making a loss.

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