agency haven't paid me due to problems with client

[Sockpuppet]

Unfortunately, clauses like that are becoming more common. I hadn't seen one before about 2006/7 but they've crept into more that I've been given, my last two contracts have had that in them but I've returned the contracts with an annotation that the clause was unenforceable because I had not opted out. If you haven't seen one then you're lucky but it's likely that you'll see one at some point.

Having said that the latest REC contract doesn't include anything so daft. Infact the latest REC contract is pretty good - no mention of the individual by name anywhere.

[nomadd]

Not necessarily. I've seen a good few contracts with a clause that says that if the end-client does not pay the agent then the agent can withhold future payments and even reclaim payments already made. Being opted-in makes contractual clauses like that irrelevant.

Yep, Modis tried to pull that stunt on me at a renewal a few years back. I simply sent the contract back with that section removed using bright red ink. I also signed and dated the change I'd made, and let them know by email. The final, signed contract they sent out had the clause removed.

[psychocandy]

Yep, Modis tried to pull that stunt on me at a renewal a few years back. I simply sent the contract back with that section removed using bright red ink. I also signed and dated the change I'd made, and let them know by email. The final, signed contract they sent out had the clause removed.

How do they reclaim payments made?

Surely they cant get it back from your bank account?

[nomadd]

How do they reclaim payments made?

Surely they cant get it back from your bank account?

Not directly, obviously.

They would just simply stop paying any outstanding invoices, and then send you a "demand" for the return of prior payments until they had their dispute (and payment) with the client resolved - even if that took years. And if you'd signed such a contract with them, you'd be obliged to hand back the cash until it was resolved.

Funny thing is, I thought Modis were just being mental. And yet I've seen it on several contracts since, as other posters have pointed out. Still, anyone signing such a stupid clause deserves all they get (or not get, as the case may be...)

[strawberrysmoothie]

okay guys quick update for you.

Just spoken to the agent, and he's given me assurances that the funds will be deposited into my account tomorrow. Just two doubly sure, I spoke to someone in payroll to make sure the message had been relayed and that everyone was on the same page.

Payroll, and informed me that no information regarding depositing funds into my account had been relayed to them.

I told them of my confusion, and the reiterated the message I have been told by the agent. payroll the spoke to the agent,and then called me to inform me that I should not be discussing this issue with them and that the agent would get back to me.

What on earth is going on? I don't want an ugly situation I just wanted to be paid and getting with other things

[psychocandy]

Not unknown for agency to mess around with the payment mind....

[malvolio]

okay guys quick update for you.

Just spoken to the agent, and he's given me assurances that the funds will be deposited into my account tomorrow. Just two doubly sure, I spoke to someone in payroll to make sure the message had been relayed and that everyone was on the same page.

Payroll, and informed me that no information regarding depositing funds into my account had been relayed to them.

I told them of my confusion, and the reiterated the message I have been told by the agent. payroll the spoke to the agent,and then called me to inform me that I should not be discussing this issue with them and that the agent would get back to me.

What on earth is going on? I don't want an ugly situation I just wanted to be paid and getting with other things

"Payroll"? WTF?

You're a contractor. The agency pay you. Procurement pay the agency.

I think you need to do some reading.l

[craig1]

okay guys quick update for you.

Just spoken to the agent, and he's given me assurances that the funds will be deposited into my account tomorrow. Just two doubly sure, I spoke to someone in payroll to make sure the message had been relayed and that everyone was on the same page.

Payroll, and informed me that no information regarding depositing funds into my account had been relayed to them.

I told them of my confusion, and the reiterated the message I have been told by the agent. payroll the spoke to the agent,and then called me to inform me that I should not be discussing this issue with them and that the agent would get back to me.

What on earth is going on? I don't want an ugly situation I just wanted to be paid and getting with other things

Send an email to your agent confirming the key points of your conversation. Put in the email that you expect to receive a payment remittance note by the end of tomorrow. Ask him to reply without delay that he agrees with the content of the email.

If he replies, you'll probably get paid. If he doesn't then you're unlikely to get paid.

[d000hg]

"Payroll"? WTF?

You're a contractor. The agency pay you. Procurement pay the agency.

I think you need to do some reading.l

If the agency refer to their money department as "payroll" that's what they're called.

[tarbera]

wow

okay guys quick update for you.

Just spoken to the agent, and he's given me assurances that the funds will be deposited into my account tomorrow. Just two doubly sure, I spoke to someone in payroll to make sure the message had been relayed and that everyone was on the same page.

Payroll, and informed me that no information regarding depositing funds into my account had been relayed to them.

I told them of my confusion, and the reiterated the message I have been told by the agent. payroll the spoke to the agent,and then called me to inform me that I should not be discussing this issue with them and that the agent would get back to me.

What on earth is going on? I don't want an ugly situation I just wanted to be paid and getting with other things

An entire 2 days late, I would hate to see you with an atuall problem you would go really mental