Got "tricked" into this contracting business

[norfolk]

Hi all,

First of all, I was indeed naïve and you may call me names and whatnot but to make a long story short: I'm on a contract with a UK agency and a foreign umbrella company in place, carrying out work in my own country (not UK).

The agency was very vague and pulled a <fast one> by not mentioning any of the "downsides" of being a contractor, pretending not to know about my country's legislation and so forth. Just being two-faced <agents>, which seems to come with the trade.

Basically, I did not know this contractor-set up existed until recently but I do know that I sit here with about 50 % less pay than I had at my previous permanent job and no (contractual) way of getting out. Meanwhile, the client claims to be unaware of how the agency conduct people like and some people at the clients' aren't very impressed either. Simply put, it's a horrible contract, let alone compared to what a standard (permie) contract would look like where I come from.

So, please. I know I'm <in a bad place>, but how can I get out of this smoothly?

How is the option of just stop coming to work and tell the agency I got AIDS or some super-aggressive flu and must lay in bed for the remainder of the contract?

Many thanks in advance and please spare me any lectures if possible - needless to say I've learned a thing or two about reading contracts. I've gone from pissed off to sad, to in denial, to semi-depression and to pissed off again.

[NotAllThere]

How do you expect to get any advice if you don't even mention what country you're working in? Secondly. What does your contract say about termination - how does it lock you in?

[oscarose]

How is the option of just stop coming to work and tell the agency I got AIDS or some super-aggressive flu and must lay in bed for the remainder of the contract?

I’d go for the flu option.

[The Agents View]

Contractor in "grass isn't greener, so I'll blame the agency" shocker.


The answer: You re-ask the question with a little factual information, so that the experienced folk at CUK can help you...instead of immediately blaming the agents...although, on that score, with one post, purely blaming agents for your incompetence, you're rivalling certain members of CUK for consistency at least.....

[MyUserName]

What, exactly, is the problem?
What were you lead to expect, how were you lead to expect this?
What does your contract say?

Blaming the agent etc will not help you gain credibility here.

Let us have the information and we will see whether we can help.

[nomadd]

I've gone from pissed off to sad, to in denial, to semi-depression and to pissed off again.

Watch that new Cohen film, The Dictator. Get a long black beard and play the role of the dumb Dictator at work (and don't forget to carry a goat.)

EDIT: Alternatively, check your contract. What exactly does it say?

[norfolk]

It's clear that this contracting-gig is not for me so I'll gladly leave that life-style to you, guys. I'll appreciate any help I can get and it seems you're implying that I'm full of it - would that make sense when not even mentioning any names or such?

How do you expect to get any advice if you don't even mention what country you're working in? Secondly. What does your contract say about termination - how does it lock you in?

Sorry about that, I'm a little bit paranoid. The country is Sweden. It simply says I will have to work for the duration of the contract - a number of months set out at the beginning. I have no period of notice while the agency/umbrella has a number of days.

Contractor in "grass isn't greener, so I'll blame the agency" shocker.


The answer: You re-ask the question with a little factual information, so that the experienced folk at CUK can help you...instead of immediately blaming the agents...although, on that score, with one post, purely blaming agents for your incompetence, you're rivalling certain members of CUK for consistency at least.....

It certainly wasn't greener, I'll tell you that. And yeah sure, it was incompetence on my behalf, I didn't know parasites like these actually operated in my country. Workers here are a bit curled, perhaps. It seemed too good to be true and of course it wasn't.

What, exactly, is the problem?
What were you lead to expect, how were you lead to expect this?
What does your contract say?

Blaming the agent etc will not help you gain credibility here.

Let us have the information and we will see whether we can help.

The problem is that I've signed a contract to carry out work and I don't want to fulfill that obligation. I was lead to expect a number of things: that everything was compliant, that the pay was supposed to be net and not a gross and so forth ("Oh, the term 'pay' means 'net' in the UK").

How I was lead to expect this? The guy at the agency told me stories: "Oh, so you make X before taxes at your current work? I'll offer you X in your account every month". Then the same guy pretends he doesn't know about my country's tax legislation. That sort of stuff.

[norfolk]

Let me add that my main concern is getting out without committing a breach of contract. The contract mentions, quite broadly, that I might be subject to claims in that event.

Have you got any idea if an agency would start a legal process against me abroad?

Thanks,

[bless 'em all]

Then the same guy pretends he doesn't know about my country's tax legislation.

He might not. You should.

Do you have a MOO clause in your contract? If so, use it.

Going from permie to contractor is not something to do just because some agent tells you that he'll put <this_much> money into your account each month.

As for getting out of the contract .... just call in, tell them your ill and you don't know when you'll be back.

[MyUserName]

The problem is that I've signed a contract to carry out work and I don't want to fulfill that obligation. I was lead to expect a number of things: that everything was compliant, that the pay was supposed to be net and not a gross and so forth ("Oh, the term 'pay' means 'net' in the UK").

How I was lead to expect this? The guy at the agency told me stories: "Oh, so you make X before taxes at your current work? I'll offer you X in your account every month". Then the same guy pretends he doesn't know about my country's tax legislation. That sort of stuff.

Okay, this we can now work with.

I have never been to Sweden so I am not familiar with subtle differences between the countries but:

Legally you do not have a lot to come back on the agent with as the court would probably rule it was down to you to conduct due dilligence etc.

Check contract law in the country. Normally you can terminate a contract by giving appropriate notice, even if that is not specified in the contract.

I would speak to the client and tell them what has happened. If you do not want to be there as you were mislead then tell them and ask to be released. I doubt they will hold you against your will and if you are straight with them they will probably appreciate it. If the agent specifically lied to you and you believed him that is unfortunate, I doubt he would have been stupid enough to put it in writing but if so that might help as you can show this to the client if you need to.