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TeamD

Original Poster:

5,060 posts

262 months

Tuesday 6th December 2005
quotequote all
Hot on the heels of my despondant grump about banks I find myself dealing with even more indifferent ill treatment by another organisation. Is this country truly so riddled with ineffectual @rseholes? We're all doomed, doomed I tell ya!

Background:

I'm a contractor, my contract was up for renewal recently and I was advised that my client wanted to extend my contract. Fine, I think, that'll be nice. The only catch being that my client has recently signed a single supplier agreement with one contract agency, an agency which is not the one I was originally contracted through. Not a problem they say, it's all been negotiated and our new slick renewal regime will make this transition quick and seamless (where have I heard that before?). So, contract expires, no sign of new contract, start getting concerned, e-mail agency (twice), get terse response 5 days later that they're looking into it. Now 5 days later, still no word. by the end of the week they'll be into me for a fortnights fees and am no nearer to getting my contract to sign etc, I'm now getting pretty annoyed (an understatement to say the least).

Does anyone think that a follow up e-mail asking the agency to confirm with my manager why I won't be coming in tomorrow will do any good? (CC'd to manager of course!)

JonRB

80,093 posts

302 months

Tuesday 6th December 2005
quotequote all
Are the new agency buying the old one off then? Most agency contracts have a non-solicitation clause preventing you from either going direct or with another agency.

boiler

217 posts

285 months

Tuesday 6th December 2005
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It all depends on how much you want to upset your manager I suppose, but it could definitely be worse! What can your manager do about it? What is the likelihood of you not being paid?

I'm working in Poland at the moment. My previous contract (July - September) was eventually approved on 27th September, and then for the current contract they asked me yesterday 5th December, if I wanted to take a pay cut! WTF? I replied no, so they approved the contract anyway!

Andy.

Don

28,378 posts

314 months

Tuesday 6th December 2005
quotequote all
Personally when people begin yanking my chain I walk.

I would go and have a chat with your client - who are *your* client after all. Explain carefully and without rancour that there is a problem with picking up your contract, what that problem is, and how it affects you - if it will leave you out of pocket say so. If it will not - be honest and say it will not.

If this is exposing you to business risk - say so honestly to your client - also say how much risk you believe is acceptable. A month's work, say? Two weeks work? Three months' work? Whatever.

Then you agree with your client what the best course of action is. It may be to walk. It may be to hang on as things will be dealt with in due course.

If you believe you are being dealt with dishonestly - walk immediately and start searching for alternative work. It is VANISHINGLY unlikely, however, that you are on the recieving end of any sharp practice - so do this only as if you are truly convinced.

Like as not you are on the end of INCOMPETENCE. And people really, really hate having their own incompetence rubbed in their noses - so careful how you word everything!

Good luck.

TeamD

Original Poster:

5,060 posts

262 months

Tuesday 6th December 2005
quotequote all
JonRB said:
Are the new agency buying the old one off then? Most agency contracts have a non-solicitation clause preventing you from either going direct or with another agency.


I believe compensation has been negotiated between the agencies involved, BTW there are a number of agencies that have had to stop dealing with my client because of this sole supplier stuff so I doubt they'd get away with doing the dirty.

What does concern me though is that in addition to normal documentation they want me to supply bits that were out of my original contracts T&Cs, like my rate! That's was negotiated with the client and if they don't know it then something a bit weird is happening.

As folk have said, it's probably just down to incompetance (agency not client, I know the PO has been signed off and sent over to them) but I personally don't care about putting the agents nose out of joint because there is enough about professional conduct in the sample contract I've seen, perhaps he should try reading is himself, the g1t.

bigandclever

14,404 posts

268 months

Tuesday 6th December 2005
quotequote all
TeamD said:
What does concern me though is that in addition to normal documentation they want me to supply bits that were out of my original contracts T&Cs, like my rate!

Devil's advocate - *have* you provided them with all the information they asked for?

Anyway, I've been through something similar before - client went sole supplier on a deal based on 3 tiers of contractor a=code monkey, b=more specialised 'consultant', c=guru. Each band had a fixed hourly rate to the client a=20, b=42, c=85 so the agency worked their costs within those parameters. Lots of people walked / were encouraged to walk / were pushed because their rate didn't fit into the bands well enough for the agency to make any margin. For instance, my rate at the time was £40 because I knew the agency made £2 an hour on me. Not much, but it kept me on the revenue side of the split, rather than a cost, to the agency. Extensions were a case of fill in a form, get another 3 months. Colleague of mine went in at £50 and got bounced straight out. A very simplistic way of looking at it, granted, but real world. I'd be surprised if the new agency didn't 'offer' you a reduced rate (new contract, new terms, new business relationship, new agreement, yadda yadda yadda). And I would care about the relationship with the agency - there are only 2 people you actually care about and that's the person who signs your timesheet and the person who puts the money in your bank.

TeamD

Original Poster:

5,060 posts

262 months

Tuesday 6th December 2005
quotequote all
bigandclever said:
[Devil's advocate - *have* you provided them with all the information they asked for?


yep, well enough to base a contract on, the ancilliary stuff goes back with the signed contracts, if they think they get copies of all my stuff before they sign on the dotted line then they can take a running jump.

bigandclever said:

And I would care about the relationship with the agency - there are only 2 people you actually care about and that's the person who signs your timesheet and the person who puts the money in your bank.


Exactly, the agent does eff all apart from the initial contract stuff and seems not be able to do that properly. I *always* stay on the right side of the accounts dept!

TeamD

Original Poster:

5,060 posts

262 months

Thursday 15th December 2005
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A quick update, or lack of perhaps. Still no contract, better still, no sign of payment either. It's going to be a merry christmas in the TeamD household I tell ya. Sorry kids, we can only afford gruel, it's traditional, we'll have to move into 1 room in a tenament in Spitalfields and huddle around a candle in true Dickensesque style.

TeamD

Original Poster:

5,060 posts

262 months

Thursday 15th December 2005
quotequote all
Come to think of it didn't I see a post with a turkey up for grabs the other day, gord luv us awl! How long would it take to cook over a candle?

randlemarcus

13,646 posts

261 months

Thursday 15th December 2005
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TeamD said:
A quick update, or lack of perhaps. Still no contract, better still, no sign of payment either. It's going to be a merry christmas in the TeamD household I tell ya. Sorry kids, we can only afford gruel, it's traditional, we'll have to move into 1 room in a tenament in Spitalfields and huddle around a candle in true Dickensesque style.

They pay you enough to afford a one room in Spitalfields?
when..nipper..bread..nail..bacon..mutter..mumble

TeamD

Original Poster:

5,060 posts

262 months

Thursday 15th December 2005
quotequote all
randlemarcus said:
They pay you enough to afford a one room in Spitalfields?
when..nipper..bread..nail..bacon..mutter..mumble


Only, it would appear, it the loosest sense of the word.

Gonna have to start pimping the wife at this rate.

randlemarcus

13,646 posts

261 months

Thursday 15th December 2005
quotequote all
TeamD said:
randlemarcus said:
They pay you enough to afford a one room in Spitalfields?
when..nipper..bread..nail..bacon..mutter..mumble


Only, it would appear, it the loosest sense of the word.

Gonna have to start pimping the wife at this rate.

tenner?

TeamD

Original Poster:

5,060 posts

262 months

Thursday 15th December 2005
quotequote all

That much?

Think I'll go down the pub for the afternoon, let's face it, without a contract I can't be in breach!

lord summerisle

8,174 posts

255 months

Thursday 15th December 2005
quotequote all
Sell the kids for medical experiments.

every sperm is sacred you know




seriously - gits the lot of them

TeamD

Original Poster:

5,060 posts

262 months

Thursday 15th December 2005
quotequote all
I've always been of the opinion that I'd have to pay people to take my kids away.