Possible to change agencies before signing the contract once you're in the client?

[mickael28]

Hi guys,

I started a new contract at the beginning of January and I am having a problem with an agency that didn't want to give me an opt-in contract, it's taking them over 1 month and still chasing them.

I've still not signed anything, although they were the ones sending my CV to the client and I sent them a couple of invoices last week but they've said they cannot pay them until I sign the contract.

I was wondering, do you know if it would be possible for me to change agencies now?

Sometimes their behaviour is so unprofessional.

Many thanks for any advice!

[northernladuk]

Nope, you have been stupid enough to start so you don't have a leg to stand on regarding contracts. By starting you have an implied contract so if any of the ones you have seen have a handcuff clause in, which they will, then you are bound by that. Any attempt to leave the agency will put them at a financial loss they are in a strong position to charge you or the client for their loses....

Just sign the opt out contract. The fact you are working with client means it is invalid now and you are opted in anyway so it doesn't matter any more.

You start a gig with no contract and call the agency unprofessional???

[Wanderer]

agency didn't want to give me an opt-in contract, it's taking them over 1 month and still chasing them.

Since you have started work without signing an opt out or a contract, you cannot opt out now. The agency will think you can but the law is clear on this point now and their arguments will not stand up in court.

Just sign the opt out contract. The fact you are working with client means it is invalid now and you are opted in anyway so it doesn't matter any more.

Agree with that. Although the contract terms will be difficult to renegotiate after work has started, it has actually turned out to be a good move because he can't opt out now.

[mickael28]

I see, thank you Sir!

I'll see if they can give me an opt-in version in a couple of days (at least, so that they've got it drafted for the next person) or I'll sign the opt-out version this time.

I get your point about unprofessional, but this is a catch-22 situation, if you try to sort all this out correctly before starting a contract, then you might be out of contract more than you're able to, as there's other people who just sign contracts straight away and agencies will avoid to spend too much time drafting new clauses etc.

The main point of calling them 'unprofessional' is the fact that's taking them over 1 month to change from opt-out to opt-in contract. If you think that's the way of doing things, then I'd be happy offering any service to you and charging by my professional services over-estimated like 1000 times :P

[psychocandy]

Oh dear, oh dear, oh dear.

What NLUK says. Too late now contract is implied since you started. Might as well just sign whatever it is now anyway to, at least get paid.

Bonus as NLUK says is you've started so at least the opt out won't matter so might as well sign it to shut them up.

Go with another agency. Are you serious? A few points:-

1. Initial agency ain't gonna go with that AT ALL? They get the business and you think you can just shortcut them out of the loop just because you don't like them. Not going to happen.

2. You'd have to get the client to agree to this as well. Remember their contract is with the agent not you. Chances are they won't be bothered. Just because you're whinging about the agency is of no concern to the client. If you go on about it they'll just get pissed off.

3. All agents are unprofessional to some extent. Deal with it.

[psychocandy]

I see, thank you Sir!

I'll see if they can give me an opt-in version in a couple of days (at least, so that they've got it drafted for the next person) or I'll sign the opt-out version this time.

I get your point about unprofessional, but this is a catch-22 situation, if you try to sort all this out correctly before starting a contract, then you might be out of contract more than you're able to, as there's other people who just sign contracts straight away and agencies will avoid to spend too much time drafting new clauses etc.

The main point of calling them 'unprofessional' is the fact that's taking them over 1 month to change from opt-out to opt-in contract. If you think that's the way of doing things, then I'd be happy offering any service to you and charging by my professional services over-estimated like 1000 times :P

The agency will tell you this but, in reality, MOST contractors will not start work without it being sorted properly. Look at this way, client wants you, they made a decision. They might be slightly peeved (they usually are because they think you can offer friday start monday) but in reality they'll wait a few days. Then up to agency to pull their finger out.

As for the agency taking ages thing - again, you started without contract. They've got you in there now and they've got their billing going with the client so they've got money coming in. They don't care about the fine details with you now. Its low priority.

Again, if you'd insisted this was all sorted BEFORE you started it would have focused their attention somewhat.

[northernladuk]

3. All agents are unprofessional to some extent. Deal with it.

A) That just isn't true...
B) And you wonder why some are when their contractors are just as bad?

[Wanderer]

I'll see if they can give me an opt-in version in a couple of days

It's unlikely they will give you an opted in contract now. You should probably just sign what you've got (because you've accepted it by starting work anyway) and get paid.

Have they put it in writing to you that you must opt out? Try and get it in writing and then report them to the PCG.

If they are a REC member then file a complaint with the REC and say that it's illegal for the agency to force you to opt out section 32(13) and see what they say.

[northernladuk]

The main point of calling them 'unprofessional' is the fact that's taking them over 1 month to change from opt-out to opt-in contract. If you think that's the way of doing things, then I'd be happy offering any service to you and charging by my professional services over-estimated like 1000 times :P

The are not obliged to give you an opt in contract. There is an argument rumbling on if you read the Opt in/out thread. Cojak has a mail saying that it is not illegal for them not to give you an Opt In contract. If they want to only deal with Opt Out contractors then they can. I presume the second pretty stupid thing you did is to start without QDOS reviewing your contract? They will suggest you Opt Out.

It isn't catch-22 at all. It is a negotiation. You start the contract with a signed contract to your terms or you don't. That is the bottom line. Starting without anything signed is just stupid. Although you are now opted in by default the only way you are gonna prove this is if it goes legal. The agency are going to be convinced you are opted out and will treat you as if you are. If you ever do need to fall back on the opt in option you are in for a world of pain.. which is why you don't start before you sign. The whole idea of the contract is to agree terms before work.

[northernladuk]

If they are a REC member then file a complaint with the REC and say that it's illegal for the agency to force you to opt out section 32(13) and see what they say.

Are you sure this applies to businesses? The agent is looking to contract your LTD so wouldn't that mean you are not a work seeker and therefore this not apply?