ARGH.. Quick question..

[kal]

How many people here would jeopardise, or even lose days billing over arguing over opt in/out?

+1. it certainly wouldn't be a deal breaker for me/

[rapid]

It's a shambles..

I can't believe after saying I don't want to opt-out they've now rolled this in to the contract, its full of clauses basically cancelling out opt-in.. I'm not sure what they were hoping to achieve.. do they think I'm not going to read it?

Losing chargeable days isn't ideal.. but I'm not that desperate to rush through things, I don't especially like the agency telling me that I'm the one messing the client around etc, he knows its my first contract and I'm pretty sure he's thinking he can be pushy.

I will give the client a call tomorrow and explain if you guys think thats a wise move.. the interview went v.well, client is a good guy so I would like to ensure he knows whats going on.

[JoJoGabor]

Did the agency get you to agree to opt-out before you were introduced to the client, ie before the interview? If not, any opt-out later on is void so just agree to it as they cant enforce it later

[kal]

Did the agency get you to agree to opt-out before you were introduced to the client, ie before the interview? If not, any opt-out later on is void so just agree to it as they cant enforce it later

The problem with that is they will try and no doubt that last invoice payment will be hard work!

[tractor]

...

How many people here would jeopardise, or even lose days billing over arguing over opt in/out?

Me too

During contract extension negotiations this time, agent got really funny with some new compliance questionnaires that I and my accountant refused to sign (it was over the new loophole covered in this year's Finance Act and related only to the self employed so therefore irrelevant). They wouldn't issue a new contract without it and the client couldn't care less, so extension lapsed (it was only 6 weeks anyhow) but I am sure if I hadn't opted out they would have messed around with the last invoice - the last week is due end of this month so we shall see. The point being that you can never forsee issues like this when you sign the first contract.

[Wanderer]

How many people here would jeopardise, or even lose days billing over arguing over opt in/out?

Been there, done it. You get all the usual tulip from agencies about no one has ever done this before etc, etc.

The sneaky trick they try to pull is putting multiple references to the opt out in the contract and then "forgetting" to remove one of them and acting all innocent and disbelieving when you point it out to them.

[Wanderer]

I will give the client a call tomorrow and explain if you guys think thats a wise move.. the interview went v.well, client is a good guy so I would like to ensure he knows whats going on.

It's difficult to say if you should do this or not and you are the only one who can call it because only you know what the client is like.

Sometimes a call to the agent telling them you going to talk to the client (with the implicit threat of exposing what a pack of incompetents they are) works wonders because it puts the fear of god into the agent. It could also que the agent to badmouth you to the client though...

Good luck and stand strong on refusing to sign the opt-out.

[northernladuk]

I will give the client a call tomorrow and explain if you guys think thats a wise move.. the interview went v.well, client is a good guy so I would like to ensure he knows whats going on.

I wouldn't say it was a good idea but then looking at the responses to my question maybe I am not the right person to advise you. Anyway, if this client already has contractors through the agency and happy with them and you ring up complaining about issues that are between you and the agent I can't see him being best pleased. Particularly when you are new contractor.

[tractor]

...

I wouldn't say it was a good idea but then looking at the responses to my question maybe I am not the right person to advise you. Anyway, if this client already has contractors through the agency and happy with them and you ring up complaining about issues that are between you and the agent I can't see him being best pleased. Particularly when you are new contractor.

This I also agree with. Keep the client out of it. Your contract advisor can play hardball with the agent, that usually works well.

[Contreras]

I wouldn't say it was a good idea but then looking at the responses to my question maybe I am not the right person to advise you. Anyway, if this client already has contractors through the agency and happy with them and you ring up complaining about issues that are between you and the agent I can't see him being best pleased. Particularly when you are new contractor.

Well yes that would be a bad idea. Do not involve the client in discussions re contract terms that do not concern them. Do not bad mouth the agent explicitly. Do not expect the client to do your negotiation for you. Do reassure the client that you are keen to start asap pending an agreed contract.

Contacting the client directly should be fine as long as you remain professional, IMHO. After all, you expect be working together eventually!