Originally posted by Egos
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Reply to: Is this enforceable??
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Previously on "Is this enforceable??"
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Originally posted by Funkywood View PostThis is quite a big deal when dealing with pimps so can someone add a citation linky to the legal stuff please?
Roger Sinclair of EGOS did an article on it a while back, should still be out there somewhere. Briefly, the basic test is "Is it reasonable?" and that depends on a lot of factors (although "reasonable" is a well established legal concept, of course).
However, any contract clause is only enforeceable if you sign it. If you don't agree with it, don't sign it, get it changed to something mutually acceptable and sign that.
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This is quite a big deal when dealing with pimps so can someone add a citation linky to the legal stuff please?
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Thanks for all your replies, much appreciated.
Cleared up a thing or 2
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Cross it out. Write 3 months, initial, sign the contract and send back. All part of negotiation.
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not enforcible, 3 or maybe 6 months would be but it would have to be your company that was not allowed to do it, not you personally as the contract is between your company and the agency, not you and the agency.
If you are opted in they cannot put in a handcuff clause it is illegal. If you have already met the client to have an interview and the pimp hasn't asked you about opting out you are opted in by law and nothing you or the client say, or sign can change that no matter what the pimp believes.....
If the handcuff clause is with your company there is nothing to stop you opening up another one and working for the end client through the new company straight away.
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Originally posted by deneway View PostQuote from contract
During the subsistence of this Agreement and for 12 months thereaftere the Consultant will NOT either directly or indirectly accept any employment with the Client or the End Client except by contracting throught XXXXX agency Ltd. etc etc etc unless you pay XXXXX agency Ltd 20% +VAT etc etc.
Just wondering if this sort of clause is enforceable by the agency, 12 months seems too long, not even permies have that sort of restriction when leaving their jobs (maybe in exceptional circumstances it may be true, but..).
Has anyone fell foul of this sort of thing? or indeed found a way round it..
Thanks
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Is this enforceable??
Quote from contract
During the subsistence of this Agreement and for 12 months thereaftere the Consultant will NOT either directly or indirectly accept any employment with the Client or the End Client except by contracting throught XXXXX agency Ltd. etc etc etc unless you pay XXXXX agency Ltd 20% +VAT etc etc.
Just wondering if this sort of clause is enforceable by the agency, 12 months seems too long, not even permies have that sort of restriction when leaving their jobs (maybe in exceptional circumstances it may be true, but..).
Has anyone fell foul of this sort of thing? or indeed found a way round it..
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