@#%$

[harrysp]

A newbie question which needs clarifying if you could please.

I have just received my first contract from my agency, together with a letter requesting that I opt out (which I will not be doing), however in the actual contracts terms and conditions there is a clause which states that
•&nbsp &nbsp &nbsp &nbsp The Contractor shall not solicit nor enter into any contract for services or of service with the Client or subsidiary and associated companies of the Client to provide the services of computer consulting during the period of assignment and for a period of twelve (12) months thereafter.

However if I do not opt out then
The Conduct of Employment Agencies and Employment Businesses Regulations 2003 Regulation 10 - Contractors must be allowed to “go direct”
Where a contractor currently contracting via an agency wishes to “go direct” and enter into a contract with the client when his contract via the agency ends, the agency cannot prevent this.

So which takes precedence? :rolleyes


Cheers in advance

 

[rebeccaloos]

The Conduct of Employment Agencies and Employment Businesses Regulations takes precedence

So the clause is unenforceable even if you sign it (as long as you decide not to opt out)

 

[mailmannz]

If you opt out then the clause takes presidence. While its still unenforceable its still there.

If you are opted in the clause is legally toothless (like it was toothless before but at least you have something to stand on if the agents start to get ugly with you) unless they also include another clause that says if you go direct then they have the right to be managed out of the relationship (ie continue to be paid for x weeks after the end of the contract).

Do not opt out.

For a good summary of the new legislation go here

Mailman