MOO when via an agency

[kingcook]

I bought this up very briefly a while back in some other thread, but this time it deserves a thread of it's own

I'm currently about to sign a small-ish contract renewal with the agency for the project i'm working on.

I've had a discussion with the client about the rest of the work that needs doing for said project, and we both agree that there will be days when i might waiting around for the testers, so no work for me on those days.

My contract with the agency has this in one of the clauses:

The Agency or the Client is under no obligation to offer the Contractor any work and the Contractor is not obliged to accept any work that may be offered, save for the work agreed under this contract for services. No party wishes to create or imply any mutuality of obligation between themselves either in the course of or between any performance of the Services or during any notice period. The Agency is not obliged to pay the Contractor at any time when no work is available during this agreement.

So far, so good. I checked the contract between the Client and Agency though (yes I do have a copy ), and it has this:

The Client will not be charged when Services are not provided due to Contractor illness or holidays. However, the Client will be liable to pay Fees with respect to an Assignment even if it does not require Services to be provided during its term. The Fees in such circumstances will be calculated by reference to the periods detailed in the Assignment Schedule.

So, why the hell would the client tell me i'm not required on certain days, if they'll have to pay for me anyway?

I brought this to the client's attention, and it seems the agency is unwilling to budge on this. Not much I can do though as it's between the client and agency.

I f**king hate agencies

[malvolio]

I bought this up very briefly a while back in some other thread, but this time it deserves a thread of it's own

I'm currently about to sign a small-ish contract renewal with the agency for the project i'm working on.

I've had a discussion with the client about the rest of the work that needs doing for said project, and we both agree that there will be days when i might waiting around for the testers, so no work for me on those days.

My contract with the agency has this in one of the clauses:

The Agency or the Client is under no obligation to offer the Contractor any work and the Contractor is not obliged to accept any work that may be offered, save for the work agreed under this contract for services. No party wishes to create or imply any mutuality of obligation between themselves either in the course of or between any performance of the Services or during any notice period. The Agency is not obliged to pay the Contractor at any time when no work is available during this agreement.

So far, so good. I checked the contract between the Client and Agency though (yes I do have a copy ), and it has this:

The Client will not be charged when Services are not provided due to Contractor illness or holidays. However, the Client will be liable to pay Fees with respect to an Assignment even if it does not require Services to be provided during its term. The Fees in such circumstances will be calculated by reference to the periods detailed in the Assignment Schedule.

So, why the hell would the client tell me i'm not required on certain days, if they'll have to pay for me anyway?

I brought this to the client's attention, and it seems the agency is unwilling to budge on this. Not much I can do though as it's between the client and agency.

I f**king hate agencies

They have to pay the agency. they don't have to pay you.

[kingcook]

They have to pay the agency. they don't have to pay you.

Yep. Arse.

So I have to announce that I won't be in on certain days myself, even though it's the client who doesn't want me to work (nudge nudge, wink wink kinda thing).

[SueEllen]

Yep. Arse.

So I have to announce that I won't be in on certain days myself, even though it's the client who doesn't want me to work (nudge nudge, wink wink kinda thing).

The agent is an idiot they shouldn't have put those terms in your contract as that's between them and the client.

[Taita]

The agent is an idiot they shouldn't have put those terms in your contract as that's between them and the client.

"The Client will not be charged when Services are not provided due to Contractor illness or holidays. However, the Client will be liable to pay Fees with respect to an Assignment even if it does not require Services to be provided during its term. The Fees in such circumstances will be calculated by reference to the periods detailed in the Assignment Schedule."[B][I]

Clearly the client did not check this or they would have challenged???? Anyway it is not worth crying over spilt milk because if the OP had this as an equal and opposite right in his Agency contract it would be bye bye MOO!

[kingcook]

"The Client will not be charged when Services are not provided due to Contractor illness or holidays. However, the Client will be liable to pay Fees with respect to an Assignment even if it does not require Services to be provided during its term. The Fees in such circumstances will be calculated by reference to the periods detailed in the Assignment Schedule."[B][I]

Clearly the client did not check this or they would have challenged???? Anyway it is not worth crying over spilt milk because if the OP had this as an equal and opposite right in his Agency contract it would be bye bye MOO!

Nope, the client did not check it. They even admitted that they signed it without botherign to read most of it

Anyway... the reasoning for this was to ensure that the client could say "we don't need you today" (which would help my MOO situation), but in actual fact they are unlikely to do that since they'll be paying for me anyway.

[northernladuk]

Nope, the client did not check it. They even admitted that they signed it without botherign to read most of it

Anyway... the reasoning for this was to ensure that the client could say "we don't need you today" (which would help my MOO situation), but in actual fact they are unlikely to do that since they'll be paying for me anyway.

So you just advised HMRC by posting it on here your MOO is a sham?

[kingcook]

So you just advised HMRC by posting it on here your MOO is a sham?

MOO? What MOO?