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Previously on "6 month clause in Contracts"

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  • northernladuk
    replied
    Originally posted by missinggreenfields View Post
    Drivel.

    The regulations state (not as a guide in any way shape or form) that if you did not opt out then you can go direct 14 weeks from the start of the engagement OR eight weeks from the end of the engagement, whichever is the later.

    There is no reference at all to 12 weeks in the regulations, and no reference to it being a guide.
    Nice post.

    Leave a comment:


  • missinggreenfields
    replied
    Originally posted by NigelJK View Post
    If you didn't opt out, the regulations apply. In which case it's 12 weeks MAX and 8 as a guide.
    Drivel.

    The regulations state (not as a guide in any way shape or form) that if you did not opt out then you can go direct 14 weeks from the start of the engagement OR eight weeks from the end of the engagement, whichever is the later.

    There is no reference at all to 12 weeks in the regulations, and no reference to it being a guide.

    Leave a comment:


  • northernladuk
    replied
    Originally posted by NigelJK View Post
    If you didn't opt out, the regulations apply. In which case it's 12 weeks MAX and 8 as a guide. This is why the regulations were brought in the first place, to curb outrageous practices by the agencies, who'd a thought.
    Handcuff clauses aren't really outrageous practices to be honest. It's just about protecting business and many contracts have handcuffs, even employment ones.

    Leave a comment:


  • NigelJK
    replied
    If you didn't opt out, the regulations apply. In which case it's 12 weeks MAX and 8 as a guide. This is why the regulations were brought in the first place, to curb outrageous practices by the agencies, who'd a thought.

    Leave a comment:


  • Hobosapien
    replied
    Originally posted by TNA57 View Post
    Oh great! Thanks for that! I don't mind getting Agent A involved. i previously understood the clause to mean you can't go back there end of!

    Beware of the agency double whammy where the new contract is via Agency B (you can't just ignore them if they've got you in the door) but to appease Agency A you have to have both agencies taking a cut of the client's payment.

    May not seem a big deal but it will be if they're both taking 20% and you can't negotiate the rate upwards enough to compensate.

    Hence some just ignore Agency A depending on likeliness of them finding out and then having the will to do more than maybe a seriously worded email.

    Leave a comment:


  • northernladuk
    replied
    Your opt in/out status affects the handcuff so read the ling sticky and all should become clear. It's at the top of this part of the forum but yes it's standard.

    Leave a comment:


  • LondonManc
    replied
    Originally posted by TNA57 View Post
    Oh great! Thanks for that! I don't mind getting Agent A involved. i previously understood the clause to mean you can't go back there end of!
    No, not at all. It's the agency's clause to stop you cutting them out of the picture.

    It's to stop you going direct after the initial contract.

    Leave a comment:


  • TNA57
    replied
    Originally posted by LondonManc View Post
    Yes.

    You can approach them but need to go through Agent A if you do secure a role. That is, if a project manager from Client B contacts you directly within six months, you still need to get Agent A involved.

    Some people ignore it, especially if Client B has a lot of contractors through Agent A - Agent A would simply let it go rather than risk falling off the PSL.
    Oh great! Thanks for that! I don't mind getting Agent A involved. i previously understood the clause to mean you can't go back there end of!

    Leave a comment:


  • SlipTheJab
    replied
    Originally posted by LondonManc View Post
    Yes.

    You can approach them but need to go through Agent A if you do secure a role. That is, if a project manager from Client B contacts you directly within six months, you still need to get Agent A involved.

    Some people ignore it, especially if Client B has a lot of contractors through Agent A - Agent A would simply let it go rather than risk falling off the PSL.
    Best part is when you find a role direct and the client uses an agent to handle the payroll, contract arrives in my Inbox with the 6 month exclusion clause embedded in the T&Cs, told him where he could stick that

    Leave a comment:


  • LondonManc
    replied
    Yes.

    You can approach them but need to go through Agent A if you do secure a role. That is, if a project manager from Client B contacts you directly within six months, you still need to get Agent A involved.

    Some people ignore it, especially if Client B has a lot of contractors through Agent A - Agent A would simply let it go rather than risk falling off the PSL.

    Leave a comment:


  • TNA57
    started a topic 6 month clause in Contracts

    6 month clause in Contracts

    Does everyone get a 6month clause in their contract which says you can't go back to a client except through the same agent that represented you until after 6 months has lapsed since the end of the contract.
    Simplifying........
    I get a contract through Agent A for Client B for a duration of 6months.
    I finish client B's work and leave after 6months.
    A says i can't approach B for work until after 6months....
    Is this the norm?
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