Do Agencies toalk to their work collegues
After all said and done, I got an email today from the agency:-
"We are still awaiting your CD2 form signed, copy of Ltd Certificate and VAT Certificate. Can you please fax these through as soon as possible so I can send through to our accounts department asap.
My fax number is xxxx xxx xxxx"
hmmm.
I JUST WOULDN'T LET I LIE, and politley responded to them.
Well,
What else could I have done - I'm not begging for a contract that wouldn't buy me a packet of crisps for lunch... Especially as I played back hte voice recording and realised that the agency had dropped 25% of the negotiated rate!!!!
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IME the usual reason for the agency not sending you the contract, is because the client hasn't agreed one with them.Originally posted by xpuser8334
Yes, the client (manager) may have indicated that he wants you for the role, but his purchasing department wont have done their bit. This can take days or weeks. By insisting that you give them a 'yes' to the verbal contract the agency think that they are comitting you to waiting.
Stick to your guns, no written contract to sign, no acceptance on your part.
timLeave a comment:
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I had an agency that wanted me to agree that I was available for the role before being put forward, and that if it was offered I would accept it at (rate). I replied to say that I was currently available, and would take that contract at (rate) if it was offered and if the contract terms were satisfactory and if I hadn't already taken another contract.Originally posted by xpuser8334
They obviously didn't read what I wrote, but took it as a yes, and went on and put me forward, and the client wanted me. Meanwhile I did take another contract.
The agency were pissed, because I had "agreed" to take their contract.
(which part of IF don't you understand???)Leave a comment:
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An NOT succeeding - contract length wise.
Previous Contracts have been reasonably well paying, so it helps me last about 6 months without another one to go to.
however.....
I hate being at home.So i am looking for something else.
My accountants have just email back saying "some thing funny here - why can't they get a contract to you"
Although I could have agreed in principle.......Leave a comment:
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I agree, and have the details, looking on my phone, the conversation or interview lasted less than 17 minutes - so the company wanted me.Originally posted by ArdescoYou are in the right, they are loosing money by not getting a contract accross to you. Best bet would be to phone the end client and say you are happy to accept the job in principle but the agency won't let you see a copy of the contract they are excepting you to agree to and would they prefer it if you went direct
Well not suprising when:-
My experience could sell (for someone else) in excess of £40.00 per hour, and this role was only £12.00 per hour. or so the agency said.
I was given all of the details of the end client, and luckily for me, the contract is based in MY immediate area (no more than 15 mile from home)
The client is someone I desperately wanted on my CV, but now the agency are saying that the client had several people in line, and needed my answer straight away.
The BIGGEST problem is that all my clients are contractually Descrete. - I can state on my CV the Business Sector, and detail my role, but unable to state who they are - so It doesn't get up the noses of their permies.
I used to work for several IT procurement companies, but trying to make it on my own!Leave a comment:
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You are in the right, they are loosing money by not getting a contract accross to you. Best bet would be to phone the end client and say you are happy to accept the job in principle but the agency won't let you see a copy of the contract they are excepting you to agree to and would they prefer it if you went direct
Leave a comment:
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Sorry for jumping in - But.
Something similar has happened to me today.
I was offered a field engineer role, with a company van...
I got a telephone interview yesterday for the role, and at the end of the interview, I was told, company van, fuel card, Mobile Phone and PDA were included as well. 40hrs a week for peanuts. everything would go through the agency Coxxxxxx Peopxx.
The Agency rang back within 5 minutes of the phone interview congratulating me on getting the job.
Being setup as a VAT Reg. and LTD reg. company, I thought I would play it safe, and ask the agency for a copy of the contract, so I could take this to my accountants to make a report stating IN or OUT of IR35.
Today..
The agency rang me, stating the contract WOULD be OUTSIDE IR35 and "DO YOU ACCEPT IT" - i didn't have a contract to accept, I stated that I would accept if all was well with the report from my accountants, and could they forward it onto me.
"I NEED TO KNOW BEFORE NOON TODAY" at 11:40am nothing like it is there!!
I asked if the contract would be with me before NOON and the answer was NO!
I stated at this point that I would NOT accept a contract I have NOT seen.
So... I am still without another contract - for now!!
AND NO DOUBT this agency will OPT ME OUT!!!
Was I wrong?
Is this Illegal - getting someone to agree to a contract witout seeing one?
What would have happend if i accepted, only to be bum raped by IR 35?
I do Appreciate your suggestions, and I apologise if this causes the thread to be HI-Jacked, but i thought it was along the same line of thought!Leave a comment:
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Just sign it and then write them a letter opting in.
You can opt in at any point and once you have advised them that you are opting in there is nothing they can do about it anyway and you will have written evidence should it go anywhere.
I find that a much easier route
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You are only opted out if you have written to (or emailed) the agency specifically requesting or agreeing to opt out. If there's nothing in writing, you're opted in, regardless of what it might say in your contract. There's nothing to worry about, opting out is normally a neutral factor in IR35 terms anyway (according to many of the experts).Leave a comment:
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No - but you are opted in for the duration. However, you might like to get expert opinion on how valid a contract is going to be if it includes an illegal requirement.
Pro tem, what you have signed constitutes all of the contract and you can start work on those terms. I'd be minded to delay signing the full one until you know where you stand.Leave a comment:
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They can't opt you out, this is illegal - only you and your company can do it. You also can't opt out once you've been introduced to the client. Name and shame - I suspect a letter to ATSCo or REC, whichever is appropriate, will be in order...Leave a comment:
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I have signed a letter agreeing to the rate, and that I accept the role (a basic 1 pager).....but I have not seen the hard copy contract? I have only seen a draft of their "standard" terms and conditions...which is where I picked up that they have opted me out. The "offical" hard copy contract is coming in the next few days.
Does the fact that they have acted illegally (with the opt out) void anything that has happened so far?Leave a comment:
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Once you've been introduced to the client you cannot subsequently opt-out.Originally posted by Lowery
Did you make it conditional on you 'seeing' or 'agreeing to' the T & C? Either way it's your word against theirs that you actually did agree to anything if you haven't signed it.Could the agency consider me agreeing to the position as a signed contract? Even though I made it conditional on me seeing the offical terms and conditions?Leave a comment:
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Agency Automatically Opting Me Out
I have been offered a contract and accepted the position through a placement letter but have not signed an official contract stating the terms and conditions of the work. I made this very clear to the agent that it was conditional on me seeing the contract terms.
I am concerned that the agency is not working in my best interests and also upon reviewing a draft contract in terms and conditions they are automatically opted me out of the agency regulations. This is after the interview and the contract being offered. Isn't this illegal?!?
Due to the auto opt out after the interview and that I haven't signed the offical contract am I still obligated to complete the contract? Can I just say no?
Could the agency consider me agreeing to the position as a signed contract? Even though I made it conditional on me seeing the offical terms and conditions?
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