Got "tricked" into this contracting business

[The Agents View]

I'm not involved in anything abroad, and have no real experience of it.

However, I will say that this is NOT the fault of the Agent. You have failed to do your due dilligence, you have been blinded by the monies involved, pre-tax (which is how we refer to your pay in the UK) and you have then failed to read, or understand the contract, before signing it.

This is like someone turning around to me and saying "you told me I'd get paid £50,000 per annum, but you failed to tell me I'd get taxed...." My reply would be a very simple "I told you the truth - it's not my fault that you think you're above the tax laws of this country"

[psychocandy]

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,

Doubtful. But as everyone here has said - check your contract. MOO may be a possible way out?

Not being funny and I can appreciate that 'possibly' the agent blagged it a bit (despite what agentsview says they do this), but, ultimately, you signed the contract?

[SueEllen]

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.

Talk to the client and get them to agree that they don't want you on site and don't want your services any more.

Then get them to contract the agency to inform them before you do. You probably have to wait 2 working days before you talk to the agency yourself.

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

In theory they could if they are a worldwide business but it simply isn't cost effective.

What is likely to happen particularly if you talk to them first or tell your umbrella company before the client has informed the them, is that you will get threatening and possibly abusive phone calls and emails.

BTW while as an employee you have much more legal protection the onus is still on you to read your contract terms and conditions and make sure you understand them. I've known both permanent and temporary employees who have become unstuck due to this.

[norfolk]

First of all, thank you guys for helping me out!

And thank you also for giving me these free lectures about due diligence, what I should have done etc. like this current predicament hasn't taught me a thing about trusting people. Really, super sweet. Thanks a bunch, this is easily the stupidest thing I've done in my life so please let's focus on what I can do now instead.

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.

I can't find a MOO clause really. So, it's a viable option just calling in sick or doing whatever really? Not that I can read it from the contract, but they can't deem that as a failure to fulfill the assignment I've undertaken?

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.

Correct, they haven't left a real paper trail with regards to things I potentially could hold against them. Besides from technicalities that I can't really prove either: i.e. they didn't produce the terms & conditions. I mean, you (or I, whatever) don't expect a seemingly great guy holding back on stuff to rip you off. Speaking of ripping...I hope I don't run into him anytime soon.

I'm not involved in anything abroad, and have no real experience of it.

However, I will say that this is NOT the fault of the Agent. You have failed to do your due dilligence, you have been blinded by the monies involved, pre-tax (which is how we refer to your pay in the UK) and you have then failed to read, or understand the contract, before signing it.

This is like someone turning around to me and saying "you told me I'd get paid £50,000 per annum, but you failed to tell me I'd get taxed...." My reply would be a very simple "I told you the truth - it's not my fault that you think you're above the tax laws of this country"

Yeah, whatever. I specifically had my doubts and asked them a couple of times about it, "hey, this is a whole lot of money - are you sure this is after tax?" and they used the term "in your account" to keep their asses safe. Anyhow, it's nothing I can prove as it was never communicated in writing.

Doubtful. But as everyone here has said - check your contract. MOO may be a possible way out?

Not being funny and I can appreciate that 'possibly' the agent blagged it a bit (despite what agentsview says they do this), but, ultimately, you signed the contract?

He did his job, I guess, and that's taking home money to his company.

It seems that I'll consider the option of just stop showing up at the client's.

[GillsMan]

I'm not involved in anything abroad, and have no real experience of it.

However, I will say that this is NOT the fault of the Agent. You have failed to do your due dilligence, you have been blinded by the monies involved, pre-tax (which is how we refer to your pay in the UK) and you have then failed to read, or understand the contract, before signing it.

This is like someone turning around to me and saying "you told me I'd get paid £50,000 per annum, but you failed to tell me I'd get taxed...." My reply would be a very simple "I told you the truth - it's not my fault that you think you're above the tax laws of this country"

I fully agree with the bit I underlined, but I don't completely agree with the bit in bold. Yes, the OP should have done some due diligence, and yes, he's paying the price for that failure. Though he is holding his hands up to that tbf to him.

However, it does sound as though the agent has misled him, or not given him the full information, etc. As an agent operating in the contract market, I do feel that he should be in a position to guide and advise the newbie contractor.

I remember my first contract: I had niche skills, so there weren't many other candidates, but I wasn't sure about contracting. The agent for the role took the time to explain everything to me, umbrellas, limited companies, payment schedules, etc. He spent some time on the phone advising me how contracting worked from his perspective. Of course, he left it to me to find out about umbrellas and LtdCos, but he gave me some decent information.

That was an agent who helped a newbie contractor. And now that that agent has started his own agency, who do you think I called when one of my clients asked me to help them find a candidate for a permie position?

I'm not disputing all you say, but I do think that when agents are dealing with newbies, they should aim to help - after all, it does them no favours if the newbie isn't cut out for contracting!

[norfolk]

Talk to the client and get them to agree that they don't want you on site and don't want your services any more.

Then get them to contract the agency to inform them before you do. You probably have to wait 2 working days before you talk to the agency yourself.

Yeah, I've entertained that thought with the client also but they're too happy with me! But seriously, that's an option also. Maybe better to get the client to lie rather than myself.

In theory they could if they are a worldwide business but it simply isn't cost effective.

What is likely to happen particularly if you talk to them first or tell your umbrella company before the client has informed the them, is that you will get threatening and possibly abusive phone calls and emails.

BTW while as an employee you have much more legal protection the onus is still on you to read your contract terms and conditions and make sure you understand them. I've known both permanent and temporary employees who have become unstuck due to this.

Yes, I also think the odds of them chasing me with legal action isn't that low, but it's not a comfortable bet, really.

[SueEllen]

First of all, thank you guys for helping me out!

And thank you also for giving me these free lectures about due diligence, what I should have done etc. like this current predicament hasn't taught me a thing about trusting people. Really, super sweet. Thanks a bunch, this is easily the stupidest thing I've done in my life so please let's focus on what I can do now instead.

Better to do it now then in a contract with a agency who were in your country.

I can't find a MOO clause really. So, it's a viable option just calling in sick or doing whatever really? Not that I can read it from the contract, but they can't deem that as a failure to fulfill the assignment I've undertaken?

I've always personally found it better to be truthful with the client to some degree and come to an arrange with them to leave.

Correct, they haven't left a real paper trail with regards to things I potentially could hold against them.

This is common in the UK regardless if you are a business or a consumer. The trick used by many companies of all sizes is not to put things down on paper and make sure contentious recordings disappear.

Therefore the onus is again on you to write things down with dates, times and who said what and send confirmation emails/letters of what was stated.

Obviously you don't do this most of the time but in situations i.e. insurance, mobile phone purchasing, where things are known to often go wrong for other people.

<snip>
It seems that I'll consider the option of just stop showing up at the client's.

If the client is in your country then I don't advise you to do this as they can tell others about you by name. It's better to get them to agree they don't want you to do any work for them any more.

Companies don't want people working for them who clearly don't want to be there.

[MyUserName]

To be honest I would not actually feel too bad about yourself.

Okay, you might have been a bit naive but running a business is a learned skill and take time and experience to develop. You assumed you could trust the agent, lesson learned.

Although I have never come across an agent who lied this blatently so you were particuarly unlucky and he got you at just the right time. Like I said do not feel too bad, dishonest agents do this for a living and they know how to go about it, on my first contract he might well have caught me with the same sort of thing.

For future reference, not all agents are this dishonest but if you assume they all are then you will not go far wrong. Honest agents will not mind you covering yourself and checking facts.

[norfolk]

Better to do it now then in a contract with a agency who were in your country.


I've always personally found it better to be truthful with the client to some degree and come to an arrange with them to leave.


This is common in the UK regardless if you are a business or a consumer. The trick used by many companies of all sizes is not to put things down on paper and make sure contentious recordings disappear.

Therefore the onus is again on you to write things down with dates, times and who said what and send confirmation emails/letters of what was stated.

Obviously you don't do this most of the time but in situations i.e. insurance, mobile phone purchasing, where things are known to often go wrong for other people.


If the client is in your country then I don't advise you to do this as they can tell others about you by name. It's better to get them to agree they don't want you to do any work for them any more.

Companies don't want people working for them who clearly don't want to be there.

Thanks for your helpful post. Sadly, I realized these things too late and didn't see the agent's pattern of communication until in hindsight.

However, the client was quite surprised and not super-happy with their supplier when advised of this whole situation (not by me though) so I think we can arrange some mutual arrangement with me leaving on good terms. The client, or no one except the agency perhaps, holds this against me.

To be honest I would not actually feel too bad about yourself.

Okay, you might have been a bit naive but running a business is a learned skill and take time and experience to develop. You assumed you could trust the agent, lesson learned.

Although I have never come across an agent who lied this blatently so you were particuarly unlucky and he got you at just the right time. Like I said do not feel too bad, dishonest agents do this for a living and they know how to go about it, on my first contract he might well have caught me with the same sort of thing.

For future reference, not all agents are this dishonest but if you assume they all are then you will not go far wrong. Honest agents will not mind you covering yourself and checking facts.

Thanks for your kind words. I've gone through most of these feelings of self-hate already and have more or less chalked it up as life-experience now. It's not like I will fall for this again, let alone continue contracting. I've become ridiculously paranoid with any red tape or records that require any signature, and perhaps something good might come of that.

[Sysman]

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.

"Net", "Gross" and "Pay" mean different things in different countries and you should learn the differences.

For example, as a permanent employee 30 years ago working with a team from Holland, I discovered that "How much do you earn?" was answered differently:

In the UK, the answer was "x thousand a year" and this figure was what you earned before tax and social deductions.
In Holland, the answer was "x thousand per month", and this figure was what you earned after tax and social deductions i.e. what actually hit your bank account every month.

My conclusion at the time was that the method used in Holland was a more accurate statement of your earning power.

When I first started in Switzerland it was different again. As a foreigner I had to pay tax at source and the way it worked here was that I had to pay both employer's and employee's social contributions. My payslips however only showed the employee's side of things, and the "per hour rate" printed already had the employer's social contributions deducted. They also transposed the meanings of "gross" and "net" as far as I understood those terms in English.

It's a minefield.

As to your present predicament, you really need to sort it out with the client. Tell them you are unhappy and ask them to let you go or make some other arrangement. It doesn't happen often, but I have seen sufficiently large clients cancel their contract with an agency and organise another agency for the contractor concerned.