Restrictive contract clauses Restrictive contract clauses - Page 2
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  1. #11

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    Quote Originally Posted by VLKS View Post
    Thanks Ladymuck . Actually i am a contractor and have got my own Limited company. And therefore i don't want to be on the payroll.
    What you want and how HMRC would interpret the arrangement are two completely different things.

  2. #12

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    Quote Originally Posted by VLKS View Post
    These are the actual wordings in the contract.

    ================================================== ===================
    12 Restriction

    12.1 The contractor shall not and shall procure that the contractor staff shall not supply services directly , or through any other person, firm or company, to any client for which it has carried out assignments either during an assignment or for a period of six months from its conclusion.

    12.2 In the event that the contractor or the contractor staff breaches clause 12.1 the contractor shall pay to the employment business such fess as the employment business would be entitled to if the employment business had arranged the provision of services to the client (the engagement).Where the engagement is on a temporary basis the fees will be calculated at the rate charged by the employment business to the client less the pay rate specified in the assignment contract note which shall be multiplied by the total hours/days worked or to be worked during the engagement.Where the engagement is on a permanent basis the fee payable to the employment business fee shall be 20% of the commencing gross annual salary.
    ================================================== ===================

    In the above clauses - "Contractor" means - My limited company , "contractor staff" means - Myself as an employee , "client" means - Company to whom i am giving service. , "employment business" means - the agency with whom i have my contract.
    Quote Originally Posted by VLKS View Post
    In case in the future my current employment agency get to know the fact that i have joined back to the Client through some other employment agency , Are they legally allowed to contact me directly as they think i have breached the contract or they cannot contact me directly and they have to send me a court notice ? if they want their fees as mentioned in the contract clause 12.2.

    Please advise.

    Thanks,
    Did you actually read any of the replies given?

    Point of note: They are a recruitment, not employment, agency. But you already know that because you have your own limited company

  3. #13

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    Quote Originally Posted by ladymuck View Post
    Did you actually read any of the replies given?

    Point of note: They are a recruitment, not employment, agency. But you already know that because you have your own limited company
    Thanks ladymuck . yes i did read all the replies.

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