Reply to: Unhappy in Contract, Unable to Leave

[oracleslave]

Just say you have something like cellutisus and septicaemia in your leg like I genuinely had last year, and that commuting is impossible as your doctor as advised you to stay at home and literally put your feet up

Make sure you claim against the agency under the pcg's business interruption policy too. You're just an innocent victim here and everyone else needs to pitch in to help you deal with your "gammy leg."

[d000hg]

Yeah, bare-faced lies are definitely the way forward here.

Jeez...

[SpontaneousOrder]

designed to mislead people like me who sign contracts without thoroughly understanding what they're agreeing to.

Looool.

[speling bee]

Just say you have something like cellutisus and septicaemia in your leg like I genuinely had last year, and that commuting is impossible as your doctor as advised you to stay at home and literally put your feet up

Go for something infectious.

[MicrosoftBob]

Just say you have something like cellutisus and septicaemia in your leg like I genuinely had last year, and that commuting is impossible as your doctor as advised you to stay at home and literally put your feet up

[psychocandy]

I would just make friends with someone in order to get a reference and quit! Or go off on sick leave due to stress- they can't argue with that. Obviously they won't pay you if you don't work but you will be out if a miserable contract.

Not cool but it'd work. Phone client and tell them you're gonna be off for a few weeks and you'll let them know.

Chances are they'll sigh and think bugger. Then in a few weeks they're likely to phone agency and terminate you.

Added bonus is agency wont give you too much grief in case its genuine. After all, it'd be bad form to phone up and hassle someone who is generally ill with stress.

Chances are they too will sign, possibly know its horse tulipe, but move on and get someone else in sharpish.

[psychocandy]

I'm still trying to figure out how "The Contractor" could possibly refer to the agency in any contractor-to-agency contract.

Are the agency a recruitment business? If so, how can they be a contractor?

Nor me. Quite possible agency trying to blag it knowing full well you can leave like this.

[psychocandy]

Just talk to the client and say you are going to leave, your contract states 2 weeks notice and take it from there. It's got bugger all to do with the agency.

The agency may feed you a line of bulltulip and may try to withhold money they owe you but make it clear that you aren't taking any nonsense and they will back down.

WTF. Apart from contract being with them....

[parkerdigital]

Thanks for the replies folks. kingcook I was pretty surprised to see the agency referred to as 'The Contractor' too, but it's there in black and white, in the definitions. What annoyed me was that in the termination clause, where the notice period of 'The Contractor' is given, there's a line underneath that refers to the agency by name, so I'm pretty sure that the wording is deliberately designed to mislead people like me who sign contracts without thoroughly understanding what they're agreeing to.

I think my next step will be to discuss the situation with the client, and as people have already advised, leave the agency out of the conversation wherever possible. Then failing that I'll probably be investigating the right of substitution/sub-contracting route....

[speling bee]

It's got everything to do with the agency - you don't have a contractual relationship with the client (unless you are their employee or disguised employee), you can only terminate via the agency.

If the agency is correct in their terminology (and I would check it very carefully before agreeing with what they say), then the OP has no right of early termination, so they either need to get someone else to terminate the contract for them, or find someone else to do the work, or walk and hope.

Or stop washing.

[simplicity]

I would just make friends with someone in order to get a reference and quit! Or go off on sick leave due to stress- they can't argue with that. Obviously they won't pay you if you don't work but you will be out if a miserable contract.

[Wanderer]

It's got everything to do with the agency - you don't have a contractual relationship with the client (unless you are their employee or disguised employee), you can only terminate via the agency.

Yes, that's strictly correct but I see myself as working for my clients, NOT for agencies. Yes, I do mostly contract via an agency but very rare that an agency has actually found me work as opposed to being inserted into the relationship by a client that I contacted directly.

My recommendation is DO NOT talk to the agency about terminating in the first instance because they are just going to say "no you can't terminate early" and then try to withhold payment. My approach is to always discuss it with the client, tell them what my availability is and agree that before the client tells the agency that the contract is ending. That way it bypasses any temptation by the agency to pull stupid tricks like refusing to pay the contractor's last invoice.


That said, people can play it whatever way they want. I have no interest in dealing with agencies if I can possibly cut them out of the loop and I see my style as more business like because it prevents misunderstandings by cutting out the middleman to an extent but each to their own.

[TheFaQQer]

Just talk to the client and say you are going to leave, your contract states 2 weeks notice and take it from there. It's got bugger all to do with the agency.

It's got everything to do with the agency - you don't have a contractual relationship with the client (unless you are their employee or disguised employee), you can only terminate via the agency.

If the agency is correct in their terminology (and I would check it very carefully before agreeing with what they say), then the OP has no right of early termination, so they either need to get someone else to terminate the contract for them, or find someone else to do the work, or walk and hope.

[TheFaQQer]

Would a standard RoS clause mean that if the agency refuses to accept offered substitutes, the contractor has a way out? Or can they refuse any substitutes and demand he works the full contract?

If the clause is worded in a helpful way (eg. "The agency cannot unreasonably reject the substitute" or similar) then if you propose someone who is suitable, the agency would need to show why they are unsuitable. If they cannot do that, then they are in breach of contract and you could probably terminate because it's a pretty fundamental term which is being breached.

[kingcook]

I'm still trying to figure out how "The Contractor" could possibly refer to the agency in any contractor-to-agency contract.

Are the agency a recruitment business? If so, how can they be a contractor?