Originally posted by northernladuk
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Ah. I've answered my own question. They probably could insist on charging a fee, were it not for the fact that I've previously contracted to this third party anyway, so the client has not in fact introduced us at all.
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Presumably you read your contract before signing it, so you knew about this clause.Leave a comment:
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Can agency stop me going direct?
So currently I'm contracted to my client until May. They're actually a software vendor who are doing a job for another company, who have requested I be on-site to do the work. Along the way, this other company - who are not my client - have expressed an interest in keeping me on to do other things for them. My contract, though, has this clause:
"If before the first Assignment, during the course of an Assignment, or within 6 months of the end of the Assignment the Client wishes to employ the contractor or personnel direct or through another employment business, the contractor acknowledges that [Agency] will be entitled to charge the client a fee. In addition [Agency] will be entitled to charge a fee to the client if the client introduces the contractor/personnel to a third party who subsequently engages the contractor/personnel"
On the face of it, it seems the client is liable to pay a fee if I go to work for this other company in any capacity at all in the next six months. How enforceable is that? Anyone heard of this before? I realise it says "the client" and not "the contractor" so on the face of it I don't really have much to give a toss about, but in reality I don't particularly want 2 parties taking a chunk out of what I earn before I see it, for services that neither said party had anything to do with providing. Nor, really, do I want to stiff my current client with a fee like this.
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