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Clause to search me and my car ?

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    Clause to search me and my car ?

    Hi,
    Just looking for some views here. I have been offered a contract that includes a clause saying the client has the right to search me and/or my vehicle at any time. I think it is pretty outrageous, even if they never actually do a search.

    It's not a secure site/MOD or anything. Thoughts ?

    Jim.

    #2
    Originally posted by unixman View Post
    Hi,
    Just looking for some views here. I have been offered a contract that includes a clause saying the client has the right to search me and/or my vehicle at any time. I think it is pretty outrageous, even if they never actually do a search.

    It's not a secure site/MOD or anything. Thoughts ?

    Jim.
    WTF kind of job is that ?? Sounds utter tulip to me. Are clientco allowed to give you DRE's ?
    Last edited by moorfield; 7 April 2009, 20:20.

    Comment


      #3
      If you don't like the clause cross it out, sign it and send it back.

      If they don't like that then don't take the contract.
      "I can put any old tat in my sig, put quotes around it and attribute to someone of whom I've heard, to make it sound true."
      - Voltaire/Benjamin Franklin/Anne Frank...

      Comment


        #4
        Back in my permie days my employer paid a consultancy to overhall the company.

        They inserted this clause into the employment contract and every sinlge employee (about 25) refused to sign it unless the clause was taken out.

        They claimed that your employer could somehow be liable if you had something illegal in your car when on company business.

        I bet some HR dick has extended this to include contractors in your case.
        Still Invoicing

        Comment


          #5
          Does it define the depth of the search. Like, is it a full body search, rubber gloves type of thing or just a quick pat down? Could be important to know this as there might be a sado-macohistic security guard on site. Your best bet is to keep as dirty and smelly as possible, so they don't pick on you. Also, turn your car into a mobile toilet so that they won't search that either .

          Comment


            #6
            @moorfield - "WTF" - my thoughts exactly. I have never seen a clause like this in any contract. It doesn't specify what type of search. Here's what it says:

            [The client's] appointed security contractors shall have the right to search any of the Supplier’s personnel and all vehicles, bags or other possessions belonging to such personnel brought onto or taken from any of the Premises. The Supplier shall ensure that its personnel are aware of [the client's] right to search in accordance with this Clause and the Supplier shall procure any consents necessary to enable [the client] to implement such right to search.

            I have already told the agent this is unacceptable.

            "Frisking" is not the only oddity in the contract. It defines a sort of piece-work. I must produce a certain number of documented designs per week, and, If I don't, I can be financially penalized. Also it mentions daily and weekly reports, and also that I will receive a weekly performance review. I am assured by the agent that they have loads of happy contractors on the same terms, that nobody is ever searched, and that these odd "workflow" concepts are merely a construct to allow the client to put contractors under "capital expenditure", so that they don't show up as increased headcount.

            I am bewildered by all this. It is a big company with a good reputation, but it all sounds wrong.

            Comment


              #7
              This is common (used to be at any rate) in places where staff pilfering is a problem. My dad told me the story of a Liverpool docker who lived in our street. He nicked half a dozen big oranges from a crate that accidentally broke open, the watchmen searched him, then locked him in the office with the evidence till the Dock police arrived to cart him off.
              He only had a few minutes, but he ate the oranges, peel, pips and all and spent the next week tulipting through the eye of a needle.
              He could never look at another orange for the rest of his life



              (\__/)
              (>'.'<)
              ("")("") Born to Drink. Forced to Work

              Comment


                #8
                http://www.sejrsen.dk/engelsk/sevent...en_oranges.htm

                Comment


                  #9
                  Originally posted by unixman View Post
                  ...
                  I am assured by the agent that they have loads of happy contractors on the same terms...
                  Really? The agent said that? Well, it must be true then. I can't imagine an agent ever saying that everybody else accepts something, just to get you to do what he wants.

                  Comment


                    #10
                    Originally posted by unixman View Post
                    Hi,
                    Just looking for some views here. I have been offered a contract that includes a clause saying the client has the right to search me and/or my vehicle at any time. I think it is pretty outrageous, even if they never actually do a search.

                    It's not a secure site/MOD or anything. Thoughts ?

                    Jim.
                    Tate and Lyles Sugars used to have this - for employees and contractors alike. I had my car checked a few times while leaving the site. When I had some company stuff, I needed the paperwork.

                    I wouldn't worry about it.
                    Down with racism. Long live miscegenation!

                    Comment

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