Agency Taking Large Percentage of Daily Rate

[Ignis Fatuus]

I'm on your side here, but all my contracts (and most others I bet) usually have some clause stating that MyCo and ClientCo must not discuss rates. I am wondering if this is legal?

What would happen if MyCo/Client openly discussed rates and the agent found out?

What does it say in the contract? If it doesn't say what might happen, then it's all mouth and no teeth. If it says that the contract can be terminated, that does tend to bite the agent as well as the contractor, so it may not happen.

BTW, EDS had a rule making it a sackable offence for their permies, and they actually did it. The sting in that was that their contracts specified that they had to repay training costs if fired: and guess what, it transpired that their work experience so far was classed as internal training billed at $25000.

[psychocandy]

What does it say in the contract? If it doesn't say what might happen, then it's all mouth and no teeth. If it says that the contract can be terminated, that does tend to bite the agent as well as the contractor, so it may not happen.

BTW, EDS had a rule making it a sackable offence for their permies, and they actually did it. The sting in that was that their contracts specified that they had to repay training costs if fired: and guess what, it transpired that their work experience so far was classed as internal training billed at $25000.

Surely though they'd have zero chance of getting that to stick in a court of law though?

[Ignis Fatuus]

Surely though they'd have zero chance of getting that to stick in a court of law though?

Why?

[DodgyAgent]

mine is taking only 8%

The question is are you getting more or less than the contractor who is through an agency taking 36%?

[kingcook]

What does it say in the contract? If it doesn't say what might happen, then it's all mouth and no teeth. If it says that the contract can be terminated, that does tend to bite the agent as well as the contractor, so it may not happen.

It says:

These Terms are confidential. Details to do with remuneration, expenses, client identity, charge and pay rates or other information related to these Terms or the Assignment, are not to be disclosed to any third party by the Contractor without the express permission of ReThink in writing.

[speling bee]

It says:

These Terms are confidential. Details to do with remuneration, expenses, client identity, charge and pay rates or other information related to these Terms or the Assignment, are not to be disclosed to any third party by the Contractor without the express permission of ReThink in writing.

So you can't tell your missus who you're working for? That would lead to domestic unhappiness in this house.

[stek]

So you can't tell your missus who you're working for? That would lead to domestic unhappiness in this house.

Or the accountant, or QDOS for contract review.....

[speling bee]

Or the accountant, or QDOS for contract review.....

Or your client's clients.

[stek]

Or your client's clients.

Or your client's client's client.

[speling bee]

Or your client's client's client.

Or indeed your client.

Day 1.
Reception: Can I help?
You: Yes, I cannot contractually say whether I work here or not.