Reply to: Agency Commission / Markup

[TheFaQQer]

The agent's view is that it is "introduction or supply" and you haven't been supplied.

To be fair just concentrate on getting a decent B2B contract which makes sense then worry about the opt-out.

Agents will also argue what "introduction" means - is it "hello, we've been introduced" or "you have been introduced into the workforce".

Without a test case, it's all open to interpretation.

[LondonManc]

The agent's view is that it is "introduction or supply" and you haven't been supplied.

To be fair just concentrate on getting a decent B2B contract which makes sense then worry about the opt-out.

The courts might go with the "introduction or supply" view though.

[SueEllen]

One view is that is too late as you've already been introduced to the client.

The agent's view is that it is "introduction or supply" and you haven't been supplied.

To be fair just concentrate on getting a decent B2B contract which makes sense then worry about the opt-out.

[LondonManc]

As much as it is, good luck making it work.

I've never pushed it, perhaps when I can afford to decline a role I will politely decline their opt out agreement. It usually comes along with the contract to sign in an e-mail.

I get the feeling that you'll struggle to break an exclusivity arrangement early (12 weeks? i think is the max for opt-in) if you opt-out at a later stage of the game regardless of whether that invalidates it. And I get the feeling (although I don't know for sure) that if I refuse to opt-out once the client is ready for me to sign etc. then the recruiter will kick off and I'll suddenly find the client doesn't want me anymore...

Would very much like to hear if people have simply refused to sign the opt out at that stage, and exactly what fallout occurred as a result. You'd pretty much have to get your contract amended too to say 12 weeks max which would be even harder I bet.

One view is that is too late as you've already been introduced to the client.

[NibblyPig]

As much as it is, good luck making it work.

I've never pushed it, perhaps when I can afford to decline a role I will politely decline their opt out agreement. It usually comes along with the contract to sign in an e-mail.

I get the feeling that you'll struggle to break an exclusivity arrangement early (12 weeks? i think is the max for opt-in) if you opt-out at a later stage of the game regardless of whether that invalidates it. And I get the feeling (although I don't know for sure) that if I refuse to opt-out once the client is ready for me to sign etc. then the recruiter will kick off and I'll suddenly find the client doesn't want me anymore...

Would very much like to hear if people have simply refused to sign the opt out at that stage, and exactly what fallout occurred as a result. You'd pretty much have to get your contract amended too to say 12 weeks max which would be even harder I bet.

[SueEllen]

Erm... It's kind of irrelevant at that point. You do realise that dont you?

That's the point...

[northernladuk]

I've never discussed opt in/out status until I've been offered a role. Put you in a stronger position at that point

Erm... It's kind of irrelevant at that point. You do realise that dont you?

[VillageContractor]

That'd be nice, any time I've tried to opt in the recruiter has told me they'll call me back and my CV goes in the bin

I've never discussed opt in/out status until I've been offered a role. Put you in a stronger position at that point

[NibblyPig]

Unless you have NOT opted-out .... then it can be your game,
e.g. when renewal comes, you can tell them

That'd be nice, any time I've tried to opt in the recruiter has told me they'll call me back and my CV goes in the bin

[Sympatico]

Renegotiating rate

Agents do this day in day out. If they are ripping their contractors off to the tune of 35% they will have every single contractor coming back asking for a raise so will be very adept at blinking last.

I'm sure you'll get some money without too much of a fight to be honest but it comes down it if the agent gets a sniff you won't walk he's got you by the short and curled.

NLUK is right, you are playing their game, if they suspect you want to stay, you are wasting your breath...

Unless you have NOT opted-out .... then it can be your game,
e.g. when renewal comes, you can tell them

The client really likes my work and I really want to stay with the client,
but before I renew, I want to compare the rate you will give me
with the rate I can get from the client directly after I take an 8 week break

Note: Client paid 38% more than I received

[OnceStonedRose]

I make it point to ask clients at 1st renewal point after i been in the door 2 or 3 months.....

Again, don't see why. You know your rate and that is good enough, because you accepted it.

I find it hard to believe that if your rate was £300 a day but end client was shelling out £500 + p/d that you'd need to ask. You would have already been made aware by month 2-3 that you are performing way below what they are paying for, that's just how business is.

Trying to wangle the agency cut out of the end client is only ever going end up with you whining because you think they're skimming too much, just accept the fact that they are paying for what you agreed when you signed up for the gig surely?

[SimonMac]

?? Really. I've met loads of managers who just think contractors are some sort of temp. They know agencies are involved somewhere and must get paid for something but dont really know how it all works.

No offence but I guess it depends on the role, 2nd line support roles probably are temps.

[TheFaQQer]

?? Really. I've met loads of managers who just think contractors are some sort of temp.

If the shoe fits...

[TheFaQQer]

Yes but this was before he started. (It wasnt me BTW!) So I guess its difficult to check with the client whether this is true or not.

You check as soon as you can then - if I was told before I started that the client had budget problems, that would immediately set the alarm bells ringing. So you ask the PM about the budget problems, because you need to know whether there is an increased likelihood of the project getting canned, and when they say "no, there's no budget problem, we haven't cut the rate" you go back to the agent and give them hell / your notice.

Why one would wait for a year before mentioning anything about the budget risk beggars belief.

[northernladuk]

Maybe that's the impression you give them.