Being bullied by my agent?

[MyUserName]

How about telling them something like:

"Sorry, obviously there was a misunderstanding. However my contract states 7.5 hours per day and I cannot change my working conditions without a new contract as that would indicate D&C from the client and void my IR35 insurance - this would be illegal as I would be acting against my company's interests. Obviously we can redo a contract with the new hours and the appropriate rate adjustment, I am free now if you want to do it now?"

The key points are to give a dead end refusal to comply which is out of your control - ie there is an insurance policy which would be voided which would be illegal, they cannot bully or argue passed this. The next is to couple the new hours with the 'appropriate' rate adjustment. That way the agent will have to either increase your rate or claim that the appropriate rate increase for 2.5 hours a week is nothing - at which point you ask whether there would be a rate reduction for you working 2.5 hours less a week (and sound eager, as if you might ask for this), let him reply that there would (make him answer this as he will try not to) and then gradually hang himself.

Be nice, be polite - be a steel fist in a satin glove.

[Lewis]

OP is in Ireland so no IR35.

[psychocandy]

If it were me in your shoes, I wouldn't comply. The fact is I usually do work extra hours on occasion when I need to in order to get things done. But there's a huge difference between choosing to go an extra mile when you judge it necessary, and being required to do so just because some client HR drone says so.

If any party to the bargain isn't prepared to honour their part of the terms and conditions of the contract under which you've been engaged, then why bother having a contract at all? Bottom line, if they take the pee about small stuff, they'll take the pee on more important issues down the line in my experience.

Spot on...

[psychocandy]

I will happily work extra hours when I need to but then take a short day later on to even out the total hours worked.

If the agent is telling you that you should be working 8 hours not 7.5 then say to him, "Hang on a minute, let me get a copy of the contract. Ah, here it is now let me see. Hmmm, it says hours per day 7.5. So you want to change that to 8? No trouble, my day rate will increase to 320 to cover the extra hours. Can you send me an amended copy of the contract and I'll sign it and return it to you".

If they won't agree to increase your rate then just laugh at them and tell them to go forth and multiply. Most likely the client is expecting you do to 8 hours but the agency cocked it up and only put 7.5 in the contract and is now trying to slime their way out of it. Don't take any crap from them, tell them you are in business to make money and you don't work for free.

Yeh. Gotta be fair. Ideal opportunity to wind the agent up.... LOL

I suppose at the end of the day its their fault...

[Asspain]

OMG so now my agent answered me:

"Your contract is €300 PER DAY – the hours are not important, that is a small error by our admin staff. Hope this helps but as I said this is very early to be having this conversation and doesn’t look great to be talking about money so early."

WTF? so my agent now thinks I am suddlenly tryng to get more rate because a mere whim. The only problem here is that the client "obligates" me to work 8 hours when my contract says
I have to work 7.5, If I stick to my contract I should claim 2.5 hours per week as additional time, and of course the client wont agree, so thats why I want them to readjust my contract to 8. Because 8 hours is the time I am going to be working at the client as minimum (or 40 a week). And of course If they readjust my contract to 8 I want also to readjust my rate.

Imagine that I tell them that I signed the contract because of a "a small error by our admin staff" for sure they wont like it. Can they really justify themselves by sayng "a small error by our admin staff"? Does anyone knows if it is legal in Ireland to just write in a contract? working hours=whatever?

As i said there should be a limit.

1. What If I decide to work 3 hours per day and 15 per week? ----> for sure the client wont be happy
1. What If they decide/or force me to work 10 hours per day and 50 per week? ----> for sure I wont be happy

[Contreras]

1. What If I decide to work 3 hours per day and 15 per week? ----> for sure the client wont be happy

Then the client would be free terminate the contract, obviously.

1. What If they decide/or force me to work 10 hours per day and 50 per week? ----> for sure I wont be happy

Then you would be free to terminate the contract, obviously.

Nobody is "forcing you". Yes, the client/agent are in breach of contract but you can walk at any time.

Either:

1. Put up & shut up.
2. Get out.
3. Negotiate.

My take on this would be to try and re-negotiate the contract for an hourly rate. Perhaps even as dayrate/8.

But I fear that reasoned negotiation is not your strong point and the agent is already preparing a shortlist for your replacement.

[NotAllThere]

...
"Your contract is €300 PER DAY – the hours are not important, that is a small error by our admin staff. Hope this helps but as I said this is very early to be having this conversation and doesn’t look great to be talking about money so early."...

This is entirely a matter between my company and yours, so your suggestion that it is "too early" and that it "doesn't look great" is irrelevant. I am not expecting the end client to rectify this – I’m expecting you. The suggestion that your admin staff made a small error is also irrelevant. I do not consider it a small error. There is now a mismatch between client expectations and our contractual agreement. Our contract clearly states €300 per 7.5 hour day. That's what we agreed to, that is what I have signed up for, that is what my insurances cover. A daily rate is an entirely different matter to an hourly rate. I suggest you get your "admin staff" to draft a new contract on terms acceptable to both of us. For me, that would be a professional working day at €350 per day. If we cannot reach agreement over this matter, I will have no alternative but to consider this engagement null and void, which would cause great inconvenience to the end client, and would definitely be to both our detriment.

No doubt that agent will shout and bluster. The extra money will have to come out of his margin. He'll also look bad to his colleagues that he's had to give in to pressure from a contractor. The fact is - he screwed up, he doesn't want anyone to know.

[Scoobos]

WHS and

Try having an agent call you every day for a whole month and shout the word "Cee you next tuesday" at you because you didnt take a job you secured at interview. That's what I call being bullied by an agent.

Tell them to either put up, or you'll leave - thats the only choice you really have .

[speling bee]

If you want to negotiate, the first thing is to make sure you're doung a great job and they don't want to lose you. How strong is your position? Can you afford to lose the contract?

If you are up for it, then remember that your immediate client (the agent) is trying to renegotiate an agreed contract. Politely remind them of this. I think you need to cut to the chase. Tell them what your line in the sand is - politely. Be prepared for contract termination if theirs is somewhere else. In the meantime discretely make sure the client knows that the agency signed a contract for 8 hours.

If the media is correct, a lot if supermarket small suppliers find themselves in this kind of position.

[psychocandy]

This is entirely a matter between my company and yours, so your suggestion that it is "too early" and that it "doesn't look great" is irrelevant. I am not expecting the end client to rectify this – I’m expecting you. The suggestion that your admin staff made a small error is also irrelevant. I do not consider it a small error. There is now a mismatch between client expectations and our contractual agreement. Our contract clearly states €300 per 7.5 hour day. That's what we agreed to, that is what I have signed up for, that is what my insurances cover. A daily rate is an entirely different matter to an hourly rate. I suggest you get your "admin staff" to draft a new contract on terms acceptable to both of us. For me, that would be a professional working day at €350 per day. If we cannot reach agreement over this matter, I will have no alternative but to consider this engagement null and void, which would cause great inconvenience to the end client, and would definitely be to both our detriment.

No doubt that agent will shout and bluster. The extra money will have to come out of his margin. He'll also look bad to his colleagues that he's had to give in to pressure from a contractor. The fact is - he screwed up, he doesn't want anyone to know.

NAT - thats a pretty good email. Gonna wind the agent up no doubt though.