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Things to check and/or negotiate in a new contract?

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    Things to check and/or negotiate in a new contract?

    What do you look for and try to renegotiate in a new contract?
    Let me start:
    - being paid weekly rather than monthly
    - minimise period of time when you cannot work directly with a client if they want your service again
    - how about notice periods?
    - what else?

    #2
    You can give it a shot but many of those things won't change. Agents have their contracts checked legally and have very little appetite for changing them as they are not willing to accept the risk.

    Payment terms is also dictated by their runs, when client pays them but we have had a number of posts about contractors that have had it reduced. Not many though. I've been on 30 days all my career and not had a problem.

    Handcuffs protect the agents revenue so they won't go for that. Most are so badly written they unenforceable anyway. Make sure you know all about Opt in/out as this affects handcuffs.

    Don't get too hung up in notice periods. The client can get rid of you on the spot if they so wish.

    Most important is to get it IR35 checked and any terms that fail changed.

    One thing to becareful if though. If you just blindly go in demanding changes and the agent rebuffs you he'll have you down as a chump meaning you'll struggle to negotiate rate rises in future.
    Last edited by northernladuk; 22 August 2016, 17:21.
    'CUK forum personality of 2011 - Winner - Yes really!!!!

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      #3
      Erm... What about the rate???
      'CUK forum personality of 2011 - Winner - Yes really!!!!

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        #4
        Originally posted by northernladuk View Post
        Erm... What about the rate???
        +1 talk about missing the bleedin' obvious

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          #5
          What NLUK said. Generally apart from IR35 related clauses, I have no other comments to the contracts.

          - Payment terms are usually agency and/or client wide, unless you are some kind of prodigy i wouldn't hold my breath expecting an exception.
          - Even if you manage to reduce/eliminate the clause in your contract, there is most likely similar clause in the upstream Agency-Client contract, so it's pointless.
          - Notice period for Contractors is 0 days from Client/Agency side regardless of what the contract says. Trying to lower the notice period on your side will raise a red flag with the Agency and if there is another suitable candidate for the role they might just dump you there and then - not worth the risk.

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            #6
            Yep if you say I want notice period agent will think you plan to bail.
            Rhyddid i lofnod psychocandy!!!!

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              #7
              The rate
              Working practices, e.g. WFH longer term after initial period of trust-building or working later during the week to leave early on Fridays if you work away
              Being outside IR35


              Beyond that, I'm generally not bothered; notice periods don't have to be given by the client in reality; the agent will side with them if they have multiple contractors on site because you are but one revenue stream. Getting a notice period yourself suggests that you're possibly going to want out if the going gets tough.
              The greatest trick the devil ever pulled was convincing the world that he didn't exist

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                #8
                Originally posted by LondonManc View Post
                Getting a notice period yourself suggests that you're possibly going to want out if the going gets tough.
                So would you want:
                (a) No mention of notice period on your contract,
                (b) Shortest possible notice period,
                (c) Longest possible notice period?

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                  #9
                  Originally posted by Criticular View Post
                  So would you want:
                  (a) No mention of notice period on your contract,
                  (b) Shortest possible notice period,
                  (c) Longest possible notice period?
                  I'd wait to see what they offered. Each contract offer is a negotiation.
                  The greatest trick the devil ever pulled was convincing the world that he didn't exist

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                    #10
                    Originally posted by Criticular View Post
                    So would you want:
                    (a) No mention of notice period on your contract,
                    (b) Shortest possible notice period,
                    (c) Longest possible notice period?
                    WLMS

                    See what the contract says, there are two notice periods.
                    Theirs — even if it's a month, they could tell you not to come in tomorrow. No work means no pay.
                    Yours - you should be professional and finish the contract, however, things can happen. IR35/working practices being one good reason for going so you wouldn't want it too long, e.g. +1month in my opinion
                    Last edited by TheBA; 1 September 2016, 16:46.

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