Reply to: Does this contract force Contractor (Relevant Staff) to start work ?

[mudskipper]

So have you signed it, or not?

[tractor]

...

Ok and what about this part:

DATA PROTECTION

20.1 The Consultancy warrants that:
20.1.1 in relation to this Agreement, it shall comply strictly with all provisions applicable to it under the Data Protection Laws; and
20.1.2 the Staff have consented in writing to Agency and any other intermediary involved in supplying the services of the Consultancy and/Staff to the Client (now or in the future), and the Client:
20.1.2.1 processing the Staff's personal data for purposes connected with the 20.1.2.2 exportingand/or processing the Staff's personal data in jurisdictions provision of the Consultancy Services and pursuant to this Agreement; and outside the European Economic Area for purposes connected with the performance of this Agreement.
20.2 The Consultancy shall indemnify Agency for any Losses Agency incurs or suffers arising from any breach of the warranty contained in Clause 20.1.

What about it?

It's just a standard clause protecting the agent from the contractor's potential stupidity. Don't be stupid and it won't get activated. Simple.

As simple as paying £100 and getting it reviewed properly.

[phibrizzo]

Right, so is the real question:

I've signed the contract, I don't want to start the gig, what are my options?

If you haven't signed anything, you're not obligated to do anything

Ok and what about this part:

DATA PROTECTION

20.1 The Consultancy warrants that:
20.1.1 in relation to this Agreement, it shall comply strictly with all provisions applicable to it under the Data Protection Laws; and
20.1.2 the Staff have consented in writing to Agency and any other intermediary involved in supplying the services of the Consultancy and/Staff to the Client (now or in the future), and the Client:
20.1.2.1 processing the Staff's personal data for purposes connected with the 20.1.2.2 exportingand/or processing the Staff's personal data in jurisdictions provision of the Consultancy Services and pursuant to this Agreement; and outside the European Economic Area for purposes connected with the performance of this Agreement.
20.2 The Consultancy shall indemnify Agency for any Losses Agency incurs or suffers arising from any breach of the warranty contained in Clause 20.1.

[mudskipper]

Right, so is the real question:

I've signed the contract, I don't want to start the gig, what are my options?

If you haven't signed anything, you're not obligated to do anything

[Wanderer]

What will happen if I'll sign below contract and not sign Umbrella agreement ?
Does Agency can force me to start work ?
Can Agency sue me ?

If you haven't signed anything then there is no contract.

If you don't want to do the job then just tell them so. They will cry about it a bit but don't enter into a discussion with them , just walk away.

The agency can sue anyone they like but it's unlikely that they would in my opinion so don't be frightened of their bluff and bluster.

As for the opt out, if you are working via an Umbrella, do not under any circumstances accept the opt out agreement. It is your legal right to refuse to opt out and they cannot compel you to do it.

[northernladuk]

You either then work without a contract and take all the inherent risks that involves, or you walk away. Or you signt he contract.

Is tha' tekin piss?

[TheFaQQer]

[B]What will happen if I'll sign below contract and not sign Umbrella agreement ?[/qb]

You either then work without a contract and take all the inherent risks that involves, or you walk away. Or you sign the contract.

[northernladuk]

What will happen if I'll sign below contract and not sign Umbrella agreement ?
Does Agency can force me to start work ?
Can Agency sue me ?

Just based on those three questions I say can the gig and go back permie. You are just not cut out.

[LisaContractorUmbrella]

Hey,

I dont want to start this at all ... just signed this one and wish to just abondone it but need to know if I will not be hurt by Agency.

If you have signed a contract to perform work then you are legally bound by it. That said it is unlikely that the agency would sue you for breach of contract but you probably would also never get another contract through them, especially if you are letting them down at short notice.

[malvolio]

Hey,

I dont want to start this at all ... just signed this one and wish to just abondone it but need to know if I will not be hurt by Agency.

OK, so you have the answer. You aren't going to sign any contract that contains an illegal requirement. Clause 15,.2 is ensuring you opt out of the Agency Regs; that cannot be a condition of the contract and as an employee of the umbrella it's not under your control anyway.

[phibrizzo]

I'm not sure how you expect to not sign the umbrella contract and still get the gig, but I guess you know what you're doing...

You can get legal advice wherever you are, there's this thing called the internet that I'm told quite a few UK companies use to work with people all over the place.

However, just as a starter, Clause 15.2 is illegal. I wouldn't sign that contract on that basis alone.

Hey,

I dont want to start this at all ... just signed this one and wish to just abondone it but need to know if I will not be hurt by Agency.

[malvolio]

I'm not sure how you expect to not sign the umbrella contract and still get the gig, but I guess you know what you're doing...

You can get legal advice wherever you are, there's this thing called the internet that I'm told quite a few UK companies use to work with people all over the place.

However, just as a starter, Clause 15.2 is illegal. I wouldn't sign that contract on that basis alone.

[TheCyclingProgrammer]

I hope somebody at lease could look on that and answer my questions - worth to try

I, and others on here, are more than happy to try and help people (although bear in mind that most of us are not accountants or legal professionals).

What I'm not willing to do is read through pages of somebody else's contract in detail for them. Sorry.

[phibrizzo]

FFS, do you really expect somebody on here to read all that? Pay a professional to give you their legal opinion, or quote the relevant part of the contract.

You are right. I cut negligible parts. I'm in the place where there is no UK legal advisors at all and this agreement has been made with UK based Agency and North Ireland based Umbrella.

I hope somebody at lease could look on that and answer my questions - worth to try

[TheCyclingProgrammer]

FFS, do you really expect somebody on here to read all that? Pay a professional to give you their legal opinion, or quote the relevant part of the contract.