...but a very expensive one at the same time.
Before I start, there's an important point of language to get out of the way. Margin is the difference between prices and costs. It is not the difference between your daily rate and the daily rate charged to the client. That is the markup, not the margin. Part of the problem with discussions about rates is that people use the word margin (and therefore think, margin=profit), when they're actually talking about markup. An agent can be charging 30% markup on your rate and still be operating at a loss.
Anyway, with that said.... answers on a postcard.
1. Fair is irrelevant. I don't care how much the agent is earning, provided that
- I get the rate to me that I feel is appropriate to the work (and I set that rate based on market research, not the agent based on the individual assignment).
- I'm not constrained at the end of the work on whether I use the same agent at the same client. So far, I have found that when push comes to shove the agents will not insist on these clauses (provided that the client has already met me before we get to negotiating on it).
2. I won't work with any organisation, or agent, where I don't know the effective rate to the client. I don't care what the markup is, but I do care about what the client thinks they are getting for the money (i.e. do they think that they are getting something, or someone, more qualified than the reality?).
... with that said, it is worth understanding the underlying costs that the agent will incur for running their business.
- the fixed costs of running an agency are relatively low, but will probably amount to 3-5% on top of your daily rate. The bigger costs are the agents salary and commission payments, but these vary according to the volume of business they are turning over.
- invoicing and contract management (probably costs 1% by contract value)
- cashflow or factoring (if they are paying you before they get paid, this will probably account for about 3% on top as well).
Therefore, depending on the nature of the service they offer, an agent would struggle to make any money if they charged less than 5-6% on top of the average contract. If they are taking cashflow and invoicing risk, 10% would probably be a floor level. If the agent is taking less than this, then you will probably need to ask yourself whether they are likely to stay in business (and since they are your salesforce, it's not necessarily a good idea to get rid of them just because you have a contract now....)
However, just like being a contractor, the business is really feast or famine. If the market is up, then the agent will make a very substantial profit on even relatively low markups. If it's down then they may make big losses, or struggle to break even with high markups.
3&4. Yes, it is supply and demand; but as to who rules? It depends on how good you are at managing the negotiations. Contract rate negotiations are a bit like poker - it's a game of limited information and people who understand the game win more often, regardless of how good their hand is. There are three key bits of information:
- How much the client is prepared to pay for an outstanding candidate (it's always more than the advertised rate, often a lot more)
- How many other candidates there are
- Whether you can afford to turn an unattractive offer down (have you got money in the bank, have you got other options)
You have to make it your business to hold as much of that information as possible, and limit the extent to which you give information to the other party that might reduce your negotiating power. My advice? Buy a copy of Getting to Yes (seminal negotiating skills book, written in American, but understandable nonetheless). Read it, then read it again. If you apply the rules of negotiation, then all that is left is supply and demand.
5. Yes, it is definitely a viable, and valuable business long term. Agents are just salespeople. Sales is essential in any business, and as honourable profession as any other. Of course, there are plenty of unethical salespeople: but then there are plenty of unethical people in other professions (what do you call someone who expects their staff (or contractors) to work more than their required hours? That's every bit as unethical as sharp practice in sales, but treated as much more acceptable).