Restrictive clause (or non solicitation clause) in previous contract

[PrinceJohn]

I have below clause in my previous contract.

The Associate Company agrees that it and its Staff will not solicit or accept an offer of employment or engagement as a contractor or subcontractor, either permanent or temporary, with the Client during the continuance in force of this Agreement and for a period of six months after the termination of any agreement covering the provision of their Consultancy Services to that Client. For the purpose of this Clause 13.1 employment or engagement of the Staff with a firm or company which during such time in turn is engaged or seeks to be engaged in a contract with such a Client for the provision of services similar to those provided or capable of provision by us shall be deemed to be a breach by the Associate Company of its obligations hereunder if such Staff become(s) or is to become actively engaged directly or indirectly with such Client.

Now I would like to apply for another contract in the same company via another agency. But they are asking for a waiver from previous agency for the above clause Or I need to wait for 6 months.
I have asked for the old agency but they are not issuing me the waiver.

1- Can my old agency say no to me for the waiver?
2- What should I do in such case, any option for me?

[dogzilla]

Now I would like to apply for another contract in the same company via another agency.

You can't. These clauses are specifically designed so you can't just fob off your existing agency and go with someone else doing the same job.
asd
Your best hope is finding out if your original agency can pitch for the work instead, let them know a job is going and you are interested and your agent should be on the phone in milliseconds trying to catch a sniff.

If it's an exclusive deal between new agency and client then you are tulip out of luck.

[SueEllen]

6 months is a fair clause if the role and/or skills required are the same. Particularly if the client is an SME, or it's a large client and the same location.

[PrinceJohn]

You can't. These clauses are specifically designed so you can't just fob off your existing agency and go with someone else doing the same job.
asd
Your best hope is finding out if your original agency can pitch for the work instead, let them know a job is going and you are interested and your agent should be on the phone in milliseconds trying to catch a sniff.

If it's an exclusive deal between new agency and client then you are tulip out of luck.

The company is a big firm having 4-5 agencies supplying the contractors. And each job is advertise by one agency and they are responsible for taking interview and bringing contractor on board.

My old contract is finished and this new contract is only available with agency-2. And agency-1 is not even aware about this new position.

[SueEllen]

The company is a big firm having 4-5 agencies supplying the contractors. And each job is advertise by one agency and they are responsible for taking interview and bringing contractor on board.

My old contract is finished and this new contract is only available with agency-2. And agency-1 is not even aware about this new position.

Did you get your original contract reviewed? And who by?

[PrinceJohn]

Did you get your original contract reviewed? And who by?

By myself. I am new to contracting and last contract was my first contract.

[SueEllen]

By myself. I am new to contracting and last contract was my first contract.

Ok then you need to do as the agent 2 says.

If you got the contract reviewed by a lawyer or someone with legal knowledge you may have had a chance of telling agency 1 to foxtrot oscar.

[NigelJK]

6 months is a fair clause

Only if you 'opted out' (and that's lower than normal IME).

If the regulations apply 8 weeks is recommended, with (IIRC) 12 weeks the legal maximum.

[northernladuk]

Only if you 'opted out' (and that's lower than normal IME).

If the regulations apply 8 weeks is recommended, with (IIRC) 12 weeks the legal maximum.

Still will be too much for most clients to suffer so just as terminal to the gig.

[sharky]

That looks like a standard Umbrella not solicitation Clause to me.

the Sort answer is its a Gamble

Some "Umbrella company's and agents (Not all) only Care about its margin / commission and would happily sell their own Much loved relative to people smugglers to make that commission.
and it normal from them to under cut and do each other over all day long.

Willing to bet not many will/have lawyered up to sue ex employees for simply taken a other Job at the end of a contract that's the game we play.

End clients on the other hand may well do if you do not part on good terms and just left them in the do do mid project.