Is this contract valid?

[bonapp]

Hello All,

Just looking for some advice!

After spending the last 5 years contracting in Switzerland, I recently flew to Australia to search for a new contract, with the intention of staying out here for 3 years.

After an interview, the agency explained that the contract was for 3 months. I explained that I was not prepared to relocate from Europe for only a 3 month contract. 2 days later the agency called to explain that the client had agreed to a 6 month contract, and I subsequently signed a 6 month contract with the agency.

I then had 3 weeks to clear out my apartment in Switzerland, sort things out in England and return to Australia, incurring a lot of expense.

During my first month on-site I discovered that the client had only signed a 12 week contract with the agency. The agency is very evasive about the whole situation and will only say "don't worry, the client will extend!".

Although I think the client may extend, there is no guarantee! The "contract" I signed has a 2 week termination period, therefore, I guess, tying me to the agency in the event that my contract is not extended.

I therefore feel that the agency brought me here under false pretences, promising a 6 month contract. I have incurred a lot of expense in this move, and although I appreciate that this is an Australian agency, has anyone experienced this situation from an agency before, and does anybody have any advice as to whether I will be tied to the agency in the event that my contract is not extended?

Any advice will be appreciated

[Lucifer Box]

Certainly the agency have misrepresented things but the contract they have with the client isn't really your concern. As your contract with the agency says six months that is what it is. However, it has a two week termination clause so it's all fairly academic anyway. If you are doing something as drastic as moving country you should have insisted on a fixed term contract, no terminations. If it all goes Pete Tong I suspect there will be little you can do other than chalk it up to experience for next time.

[messiah]

get it taped via the telephone or get it in writing ...

get it taped via the telephone or get it in writing ...

its the only way.

words that are spoken and lost in time are not worth anything. make sure that words and promises are worth something by recording them.

[MarillionFan]

Tied to agency

Dont worry about that you are not tied to the agency. Your two week termination clause is exactly that and if the client does not renew the agency will be saying goodbye quicker than you thought about flying to australia.

Its a little underhand of them but quite expected. They only want to make sure they get the money for the three months and are hoping you will get an extension which in all likely purposes will be another 3 months.

Assuming that you are not on a work visa(ie. Under 30) then you need to be sponsored by the company as otherwise you will land up on a simple tourist visa. And if you are using the work visa for under 30s then you are only allowed to work at one company for three months with it - so you will need to address that seperately.

[BlasterBates]

Well sounds a bit sharp but above board I'm afraid the only thing that counts is between you and the agency. I don't think that legally you could challenge this if they do sack you. Basically you would have needed to run through this with a lawyer before signing, but then again they wouldn't have agreed, so you youldn't be in Australia, and lets face it once you're there its much easier to find another one.

[bonapp]

Thanks for the advice

Thanks to all.

Yes, I've definitely slipped up here! I've been contracting for 12 years and I think I was blinded by the fact that I wanted to get a visa to work in Aus! I'm over the 30 mark, so had to get a sponsor!

I feel totally agrieved by the fact that the agency brought me here under false pretences. I.e. by saying that the client had agreed to a 6 month contract. It was definitely my fault for not questioning it beforehand, however I hope the fact that I have posted this may help other contractors to keep an eye open for the tricks a foreign agency may pull!

I've now got to decide the best way to go forward; whether to give my 2 weeks notice in against my contract with the agency, exactly 2 weeks before my current company contract ends, and therefore if I get a new extension, renew my agency contract for the term of the extension. Or, to look around and get a new contract with an agency that is up-front with the truth!

The next few weeks are going to be interesting!

Cheers again