New contract - non competency clause

[dogquoteplus]

I am about to sign a new contract with an agency through to an end client, and I have been reading through the clauses.
One of them refers to non-competency, but searching through the internet, I came accross this

One of the fundamental considerations when determining whether or not a person is an employee instead of an independent contractor is by the employer exerting control over the party. Having a party signs a non-compete agreement may be considered a higher level of control and that he or she is likely being treated as an employee rather than an independent contractor.
A finding that a person is an employee instead of an independent contractor can result in a business owing penalties, overtime pay, workers’ compensation premiums, contributions to unemployment insurance programs and benefits.

Thoughts?

[northernladuk]

I think it's rubbish. I'd be willing to bet more business sign non compete clauses than employees do.

Could you link the article so we can check there is more context to this.

[dogquoteplus]

Could you link the article so we can check there is more context to this.

Here you go: https://www.hg.org/legal-articles/da...greement-43937

[Old Greg]

I love the idea of a non competency clause.

[northernladuk]

Here you go: https://www.hg.org/legal-articles/da...greement-43937

independent contractors are often not protected by federal or state laws,

. For example, a Pennsylvania court found that a non-compete agreement was enforceable when the independent consultants

At that point I'm done with this article. Ignore.

[BlasterBates]

A contract shouldn't really have a non-compete clause. In my view it is a pointer to employment but probably there are more important considerations. I would try and have it removed but I wouldn't cancel the contract because of it.

[ladymuck]

I love the idea of a non competency clause.

I think I'll get such a clause written in, in future. Makes the job much easier to achieve

[Old Greg]

I think I'll get such a clause written in, in future. Makes the job much easier to achieve

PC will send you his standard clause.

[dogquoteplus]

I've just got sent an addendum to my (existing) contract to sign, that states that my company and me personally guarantee that we agree with the non-competency clause described in the original contract, and then asking me to sign in person and as my Ltd's rep.

I think that's superfluous and a workaround on not mentioning me personally in the original contract. thoughts on this?

[uk contractor]

I love the idea of a non competency clause.

Good job the competency part is never enforced or many of us would never have worked in IT!!