Contract clauses becoming more draconian? Contract clauses becoming more draconian? - Page 2
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  1. #11

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    FIERCE TANK BATTLE's Avatar
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    Quote Originally Posted by zerosum View Post
    Have a feeling the vast majority of contractors don't read their contracts.

    They literally don't, a recruiter who took me + other contractor to the pub and they brought up how I was a pain because I argued for ages about some of the clauses they put in that were ridiculous.

    They said I was really difficult to deal with because of my insistence of revising the contract.

    The other contractor said "Heh I just sign whatever they give me, I don't even read it".

    Not even joking.

  2. #12

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    Quote Originally Posted by FIERCE TANK BATTLE View Post
    They literally don't, a recruiter who took me + other contractor to the pub and they brought up how I was a pain because I argued for ages about some of the clauses they put in that were ridiculous.

    They said I was really difficult to deal with because of my insistence of revising the contract.

    The other contractor said "Heh I just sign whatever they give me, I don't even read it".

    Not even joking.

    And to the second person's credit, they all get paid at the end of the day and they probably do see you as the difficult one.

    I've had all sorts from the CEO of the company needing to talk to me about opting in and all sorts...

  3. #13

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    I've actually found people to be quite open to modifying contracts - I've had a handful of clauses changed or removed over the years.

    And at the same time, I've definitely signed a couple of contracts after a cursory glance because some days you just want to crack on and make money.

  4. #14

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    Quote Originally Posted by PerfectStorm View Post
    And to the second person's credit, they all get paid at the end of the day and they probably do see you as the difficult one.

    I've had all sorts from the CEO of the company needing to talk to me about opting in and all sorts...

    On my last contract the agency basically told me either I opt out, or I don't get the contract...

  5. #15

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    Quote Originally Posted by KinooOrKinog View Post
    On my last contract the agency basically told me either I opt out, or I don't get the contract...
    It's a bit of a nuclear move, so tread carefully, but words along the lines of "Oh, I'm sorry to hear that - perhaps I could have a talk with [end client] and see if we can't all come to some arrangement". In other words, make it clear that you'll make it clear why the contract fails - end clients don't like being messed around and wasting time.

    And normally if you call their bluff they back down anyway.

  6. #16

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    Quote Originally Posted by KinooOrKinog View Post
    On my last contract the agency basically told me either I opt out, or I don't get the contract...
    I got that too, and I reminded them of the law around not making it conditional... "which obviously isn't going to happen here, right?"

    Funnily enough a template was produced from somewhere and the necessary 'opt in' version of the document created

    Crazy eh!

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    Quote Originally Posted by PerfectStorm View Post
    I got that too, and I reminded them of the law around not making it conditional... "which obviously isn't going to happen here, right?"

    Funnily enough a template was produced from somewhere and the necessary 'opt in' version of the document created

    Crazy eh!
    How does that work? An agency is free to enforce opt in or out as a condition of contract.

    (Whether the opt out is valid is another matter)

  8. #18

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    Quote Originally Posted by PerfectStorm View Post
    I got that too, and I reminded them of the law around not making it conditional... "which obviously isn't going to happen here, right?"

    Funnily enough a template was produced from somewhere and the necessary 'opt in' version of the document created

    Crazy eh!
    Cojak wrote to BiS about this and confirmed agents are well within their rights to decide not to deal with Opt In contractors if they so wish. Its not about it being conditional it's just about their choice of engagement.
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    Quote Originally Posted by northernladuk View Post
    Cojak wrote to BiS about this and confirmed agents are well within their rights to decide not to deal with Opt In contractors if they so wish. Its not about it being conditional it's just about their choice of engagement.
    I'd like to see that response if there is one available - mandating that someone 'opt' that an agency shouldn't be held to their own industry code of conduct doesn't quite pass the sniff test for me.

  10. #20

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    Quote Originally Posted by PerfectStorm View Post
    I'd like to see that response if there is one available - mandating that someone 'opt' that an agency shouldn't be held to their own industry code of conduct doesn't quite pass the sniff test for me.
    I don't see why. It's there to protect vulnerable workers and the opt out option was created for Limited companies and highly skilled professionals who don't want to be governed by them. It was designed for us to opt out so I don't see why forcing them to engage with us as opt in should be mandated. If the agencies want to deal solely with us and there is the provision to do so why must they accept opt in?

    It's slack of them I agree but they are technically following the guidelines of the legislation.

    That said I've yet to see an agency opting out properly so generally you are in by default, for what good it really does you.
    Last edited by northernladuk; 14th August 2019 at 08:42.
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