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6 month clause in Contracts

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    6 month clause in Contracts

    Does everyone get a 6month clause in their contract which says you can't go back to a client except through the same agent that represented you until after 6 months has lapsed since the end of the contract.
    Simplifying........
    I get a contract through Agent A for Client B for a duration of 6months.
    I finish client B's work and leave after 6months.
    A says i can't approach B for work until after 6months....
    Is this the norm?

    #2
    Yes.

    You can approach them but need to go through Agent A if you do secure a role. That is, if a project manager from Client B contacts you directly within six months, you still need to get Agent A involved.

    Some people ignore it, especially if Client B has a lot of contractors through Agent A - Agent A would simply let it go rather than risk falling off the PSL.
    The greatest trick the devil ever pulled was convincing the world that he didn't exist

    Comment


      #3
      Originally posted by LondonManc View Post
      Yes.

      You can approach them but need to go through Agent A if you do secure a role. That is, if a project manager from Client B contacts you directly within six months, you still need to get Agent A involved.

      Some people ignore it, especially if Client B has a lot of contractors through Agent A - Agent A would simply let it go rather than risk falling off the PSL.
      Best part is when you find a role direct and the client uses an agent to handle the payroll, contract arrives in my Inbox with the 6 month exclusion clause embedded in the T&Cs, told him where he could stick that

      Comment


        #4
        Originally posted by LondonManc View Post
        Yes.

        You can approach them but need to go through Agent A if you do secure a role. That is, if a project manager from Client B contacts you directly within six months, you still need to get Agent A involved.

        Some people ignore it, especially if Client B has a lot of contractors through Agent A - Agent A would simply let it go rather than risk falling off the PSL.
        Oh great! Thanks for that! I don't mind getting Agent A involved. i previously understood the clause to mean you can't go back there end of!

        Comment


          #5
          Originally posted by TNA57 View Post
          Oh great! Thanks for that! I don't mind getting Agent A involved. i previously understood the clause to mean you can't go back there end of!
          No, not at all. It's the agency's clause to stop you cutting them out of the picture.

          It's to stop you going direct after the initial contract.
          The greatest trick the devil ever pulled was convincing the world that he didn't exist

          Comment


            #6
            Your opt in/out status affects the handcuff so read the ling sticky and all should become clear. It's at the top of this part of the forum but yes it's standard.
            'CUK forum personality of 2011 - Winner - Yes really!!!!

            Comment


              #7
              Originally posted by TNA57 View Post
              Oh great! Thanks for that! I don't mind getting Agent A involved. i previously understood the clause to mean you can't go back there end of!

              Beware of the agency double whammy where the new contract is via Agency B (you can't just ignore them if they've got you in the door) but to appease Agency A you have to have both agencies taking a cut of the client's payment.

              May not seem a big deal but it will be if they're both taking 20% and you can't negotiate the rate upwards enough to compensate.

              Hence some just ignore Agency A depending on likeliness of them finding out and then having the will to do more than maybe a seriously worded email.
              Maybe tomorrow, I'll want to settle down. Until tomorrow, I'll just keep moving on.

              Comment


                #8
                If you didn't opt out, the regulations apply. In which case it's 12 weeks MAX and 8 as a guide. This is why the regulations were brought in the first place, to curb outrageous practices by the agencies, who'd a thought.

                Comment


                  #9
                  Originally posted by NigelJK View Post
                  If you didn't opt out, the regulations apply. In which case it's 12 weeks MAX and 8 as a guide. This is why the regulations were brought in the first place, to curb outrageous practices by the agencies, who'd a thought.
                  Handcuff clauses aren't really outrageous practices to be honest. It's just about protecting business and many contracts have handcuffs, even employment ones.
                  'CUK forum personality of 2011 - Winner - Yes really!!!!

                  Comment


                    #10
                    Originally posted by NigelJK View Post
                    If you didn't opt out, the regulations apply. In which case it's 12 weeks MAX and 8 as a guide.
                    Drivel.

                    The regulations state (not as a guide in any way shape or form) that if you did not opt out then you can go direct 14 weeks from the start of the engagement OR eight weeks from the end of the engagement, whichever is the later.

                    There is no reference at all to 12 weeks in the regulations, and no reference to it being a guide.

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