contradictory contract clause

**eek** · 15 May 2014, 11:58

Originally posted by raphal View Post

About to sign a new contract and will opt in. However I found this clause which I think contradicts if I chose to opt in. It says " For the avoidance of doubt XYZ agency shall not be obliged to pay the Company for any period
where there is no requirement for any Services." Doesn't it ?

That's got nowt to do with opt in and out but is good for IR35 as it shows no mutuality of obligation.

It is to protect them where notice is served by the client on an immediate get out now basis when the paper works says 5 day notice on both sides...

**TheFaQQer** · 15 May 2014, 12:04

Originally posted by raphal View Post

Doesn't it ?

No. It means that if you don't work, you don't get paid.

**northernladuk** · 15 May 2014, 12:06

I do hope you are going to get this contract professionally reviewed by someone who knows what they are looking at...

**LisaContractorUmbrella** · 15 May 2014, 12:55

The opt-in would mean that you would be entitled to be paid for work you had completed, by the agency, even if they hadn't been paid by the end client - this just means that they won't pay you when you're not working which is what you would expect in a contract of this type

**speling bee** · 15 May 2014, 12:59

Originally posted by TheFaQQer View Post

No. It means that if you don't work, you may not get paid.

FTFY

**TheFaQQer** · 15 May 2014, 13:06

Originally posted by speling bee View Post

FTFY

Good spot

**speling bee** · 15 May 2014, 13:12

Originally posted by TheFaQQer View Post

Good spot

Thank you. It's still not the complete position but it is true.

**raphal** · 16 May 2014, 11:03

Originally posted by northernladuk View Post

I do hope you are going to get this contract professionally reviewed by someone who knows what they are looking at...

I have submitted my contract document for review, I might not receive it before the start date. Would it be ok to start and then sign the contract a day later when I receive the review report ? (assuming my agency is willing to accommodate the amendments if any).

**TheFaQQer** · 16 May 2014, 11:09

Originally posted by raphal View Post

I have submitted my contract document for review, I might not receive it before the start date. Would it be ok to start and then sign contract a day later when I receive the review report ? (assuming my agency is willing to accommodate the amendments if any).

What would you do if the agency isn't willing to make any amendments?

contradictory contract clause