ClientCo asking for a copy of the contract

[northernladuk]

I got a pay rise - difference backdated.

I thought only your director could give you a pay rise and that won't be easy because I believe he is a bit of a cretin

[BrilloPad]

I once had a pimp behave oddly with me. Something wrong. I could not put my finger on it. I asked the client to tell me the agecy margin given my rate - it was supposed to be 13%. They were taking 26%.

I got a pay rise - difference backdated.

[Contreras]

It's a strange request..

As per my other thread I was delayed getting on site due to trying to get the contract nailed down with the agency.. Lots of messing around due to opt-out etc..

I don't especially care about pissing the agency off and would rather the client was happy.. Perhaps they want to check the agency isn't taking the piss with margin..

Hmm.. I'm sure if I mentioned client wants copy of the contract to the agency they would say no.. But then the client might think I've gone behind his back to give the agency a heads up..

It's only going behind their back if they have no justified right to see it, and the person asking will know that.

Done the right manner, questioning the request demonstrates your level of professionalism and an assurance that their company secrets will be safe with you. Some people totally get this idea of commercial confidentiality, and whom to trust with what.

You could for example formally (by email) say "No, because the agency won't allow it sorry.", followed informally (telephone or in person) with "Well, what exactly is it you need to know?"

[northernladuk]

I seem to remember some discussions about disparities between Client - Agency (C-A) contracts and Agency - Contractor (A-C) contracts. We push hard to have our contracts showing us to be outside IR35 but the problem is it is the agency that are making the changes and they don't really know. Knowing what is in the C-A contract could severely dent your perceived status. e.g. the agent agrees to amend the Sub clause to make it IR friendly in the A-C contractbut the C-A contract hasn't changed. HMRC will come along and use the C-A agreement to trump yours.

Now forgive me if I am wrong but wasn't it mentioned that you can defend your contract if you have done everything to make sure it matches your working practices but if you have seen the C-A and it is missing key IR35 points or the changes you asked your contract stands for nothing and can't be defended. I can't remember the exact discussion but seem think seeing the C-A one wasn't that good for you?

Anyone remember that discussion or point out what the real situation was if my explanation is wrong?

EDIT : Ah **** it. Looks like I am wrong again. Found this article on it, which wasn't the one I was thinking of but anyway, at the end it says it would be great to see the C-A so my thought must be wrong. Saying that... I am sure many contractors would get a shock and would have to re-think their IR35 status if they did! Am thinking of PC's recent comment when he got the agent to put in a sub clause even though the agent said there is no chance they would have that.

[speling bee]

Could be about fixed rate. Could be that they have had issues with clauses not being mirrored - e.g. sub clauses.

They really should ask the agency and they could always then confirm with you that it's accurate.

[craig1]

Ask the client why they need to see it, there may be a simple answer why that might actually benefit you. I had this once at one client who was just interested in finding out my day rate as they had a fixed-margin deal with the agency and they weren't sure the agency were playing fairly. I didn't give the contract but did show my first invoice to them with the rate on it, the client was happy as it matched the 8% margin deal written into the agency-client contract, I was happy as I knew that I was getting the right rate.

[SueEllen]

Don't most contracts include a confidentiality clause, restricting you from telling anyone your rate (which would presumably include showing them the contract)?

You can get that clause removed very easily.

The agents just want to ensure you don't go around winding up permanent staff who have nothing to do with your contract and costs.

[rapid]

It's a strange request..

As per my other thread I was delayed getting on site due to trying to get the contract nailed down with the agency.. Lots of messing around due to opt-out etc..

I don't especially care about pissing the agency off and would rather the client was happy.. Perhaps they want to check the agency isn't taking the piss with margin..

Hmm.. I'm sure if I mentioned client wants copy of the contract to the agency they would say no.. But then the client might think I've gone behind his back to give the agency a heads up..

[Contreras]

I'd respond politely by email, asking why they need it, and CC the agent. If it's the individual manager overstepping their mark for whatever reason this would flush them out and set the tone going forward.

If there are specific terms they want to check then we can discuss it.

On principle I'm not going to submit to arbitrary demands without justification, and as TF said, let's see a copy of their terms with the agency please.

[northernladuk]

In return will they give you a copy of their contract with the agency including rates????

[TheFaQQer]

The contract between you and the agency has nothing to do with the client.

Either

• send it over as it's no big deal (unless the contract prevents this)
• refuse point blank because it's nothing to do with the client
• ask the agency to send it over

I'd probably do the first, to be honest. If you are doing that, though, I'd ask for a copy of the client to agency contract first.

[gbonner]

I have been asked the same on my current gig, I refused on the grounds that the contract is between MyCo and the Agency and is a private business arrangement between the 2.

Ask them to send a written request to yourCo and attach the contract between them and the Agency for your services and yourCo will respond accordingly.

[Clare@InTouch]

Don't most contracts include a confidentiality clause, restricting you from telling anyone your rate (which would presumably include showing them the contract)?

[rapid]

Started a gig this week and asked today by the guy who interviewed me to send over a copy of the contract.

Thoughts on this? It has my rate on the final page.. Would assume this could piss the pimp off?

Shall I just pass the message on to the pimp that clientco have requested a copy and can he send it over?