Best time to withdraw from "opt out"

[falkera]

I will finish my first contractor's job in about 6 weeks. Being a newbie, I didn't know anything about the opt out and I signed it as it was part of the contract. The client is keen to retain me but I'm sick of paying the agency for doing nothing. My question is which is the best time to withdraw? I don't trust the agency at all and I suspect that if I withdraw now they'll make problems with the payments or whatever. Would it be ok to withdraw after the last payment has been made, take 8 weeks off and go back to the client?
Also, for future reference, if a client already has my CV, can an agency demand their cut?

Cheers

[kal]

I will finish my first contractor's job in about 6 weeks. Being a newbie, I didn't know anything about the opt out and I signed it as it was part of the contract. The client is keen to retain me but I'm sick of paying the agency for doing nothing. My question is which is the best time to withdraw? I don't trust the agency at all and I suspect that if I withdraw now they'll make problems with the payments or whatever. Would it be ok to withdraw after the last payment has been made, take 8 weeks off and go back to the client?
Also, for future reference, if a client already has my CV, can an agency demand their cut?

Cheers

You are entering dangerous waters here. I presume you got the role through your agency and are happy with the rate you're getting. if so why are you worried about the %age they are making on top?, that's a matter for the agency and your end client. If you take a deal like this to the end client you may come across as less than professional. No one likes paying agencies a cut but they do perform a valid role in the contractor market and I would imagine your agency will protect their interests to the end...

[BolshieBastard]

I will finish my first contractor's job in about 6 weeks. Being a newbie, I didn't know anything about the opt out and I signed it as it was part of the contract. The client is keen to retain me but I'm sick of paying the agency for doing nothing. My question is which is the best time to withdraw? I don't trust the agency at all and I suspect that if I withdraw now they'll make problems with the payments or whatever. Would it be ok to withdraw after the last payment has been made, take 8 weeks off and go back to the client?
Also, for future reference, if a client already has my CV, can an agency demand their cut?

Cheers

Opting in or out doesnt affect how much money you or the agency get. And, I think you're wanting to opt in meaning you have some protection against not being paid or having to have the client sign your timesheet first.

I gather you can serve notice of opting in at any time but, a set period has to pass before it actually comes into play.

Most contracts have a handcuff clause which prevents you cutting out the agency once you've been introduced to them. In practice this is when you start working with \ for them and not just if your cv has been sent to them.

I very much doubt you'd get away with leaving a client for 8 weeks, cut the agent out then go back to the client.

[Andy Hallett]

My understanding is that if the opt-out is properly constructed then it survives your engagement with the client.

Don't look at the percentage the agent is taking, look at the figure you are.

What is fuelling your suspicions that you will not get paid?

[SueEllen]

. My question is which is the best time to withdraw?

The hour before you start on the client site, or don't opt-in from the beginning.

Would it be ok to withdraw after the last payment has been made, take 8 weeks off and go back to the client?

Doesn't work like that.

Also, for future reference, if a client already has my CV, can an agency demand their cut?

Doesn't work like that.

[northernladuk]

You are not paying the agency.......

[falkera]

Thanks for all your replies.

I asked about the CV because the clients I could work for in my area are not that many so it wouldn't be a lot of CV's to send out. Frankly, I'm keen to avoid agencies in future if I can and all the above mentioned companies have disclaimers on their websites so any CV they receive directly from potential employees/contractors become their property.
I don't have any reason yet to suspect the agency of doing something untoward but they know I'm a newbie and if they are anything like estate agents, I've had plenty of experience of sharp practices.
I suppose I'll have to just finish this contract and put this down as learning experience.

[LisaContractorUmbrella]

Thanks for all your replies.

I asked about the CV because the clients I could work for in my area are not that many so it wouldn't be a lot of CV's to send out. Frankly, I'm keen to avoid agencies in future if I can and all the above mentioned companies have disclaimers on their websites so any CV they receive directly from potential employees/contractors become their property.
I don't have any reason yet to suspect the agency of doing something untoward but they know I'm a newbie and if they are anything like estate agents, I've had plenty of experience of sharp practices.
I suppose I'll have to just finish this contract and put this down as learning experience.

Can you elaborate Falkera?

[falkera]

As I said, the websites of the companies I've been looking at say very clearly that any CV sent to them directly becomes their property. Obviously refers to unsolicited CV's.

[kal]

As I said, the websites of the companies I've been looking at say very clearly that any CV sent to them directly becomes their property. Obviously refers to unsolicited CV's.

Well they can say what they like but whether or not its legally binding is another matter. I can't see how if I send my CV to a recruiter for a role it then belongs to them , do you have any links for these sites?