atw: Re: agency contracts

I have done 2 years with epic. Whats the question ?

-----Original Message-----
From: austechwriter-bounce@xxxxxxxxxxxxx
[mailto:austechwriter-bounce@xxxxxxxxxxxxx] On Behalf Of Mark Robertson
Sent: Thursday, 20 March 2008 6:11 AM
To: austechwriter@xxxxxxxxxxxxx
Subject: atw: Re: agency contracts

Have any of you lot used Arbortext Epic?

--- "Caz.H" <cazhart@xxxxxxxxx> wrote:

> Daragh
> Years ago, I was stunned to come across an agency
> that had introduced the
> novel idea of penalizing the contractor for the full
> remaining term of the
> contract if they failed to complete the contract. 
> It was gobsmacking, to
> say the least.
> 
> Most contractors do fulfull their committments, but
> what if they are offered
> a great opportunity in a permanent role, what kind
> of person would want to
> stand in their way?   There were no "out" clauses
> either, so, get hit by a
> bus, or have a dying relative 3 mths into a 6mth
> contract, well, too bad,
> this agency was going to send you a bill for
> remaining three months.  (I'm
> not making this up folks!)  The company I was
> working for at the time had
> changed their agency panel lineup, and I was offered
> no choice but to sign
> up with this new agency, that is, the company -
> bless 'em - made the
> arrangement for me, and all other contractors, on
> the assumption that we'd
> view it as a mere administrative blip.  Naturally I
> refused to sign with the
> new agency, which meant that my contract could not
> be renewed.  I didn't
> lose one second of sleep over that decision.
> 
> As for the "you can't work for them for 12 mths"
> blah, blah, and all
> variations on that theme, of which there are many
> (many types of contracts
> include these limitation of trade clauses, even
> AWAs, or outsourcing
> arrangements, for example) - no, apparently not
> legally enforceable, yet
> organisations and lawyers still insist on such
> provisions, in full knowledge
> that the clauses are invalid.  Bit strange really.
> 
> If you're engaged through an agency, the clause is
> actually there to protect
> their commission, based on either more contract work
> for you or a full time
> placement for you, rather than to prevent you from
> taking up a job offer.
> In other words, it's not you they're trying to keep
> honest, it's the
> client.  No big deal, I never worry about it.  Up to
> you if you want to let
> it bother you.   It's a harmless clause, in
> practice.  Besides, would you
> really want to work for an organization that tries
> to avoid a fairly trivial
> commission payment, and knowingly breaches their
> legal agreement with the
> recruitment agency?  If you can't trust them to hire
> staff honestly, you'd
> have to question their organizational ethics and how
> they treat staff once
> they have them signed up.
> 
> Regards
> Caz
> 
> 
> On Wed, Mar 19, 2008 at 8:09 PM, Daragh Pender
> <daraghpender@xxxxxxxxx>
> wrote:
> 
> > Hi - I remember reading somewhere (possibly on
> this list) that the
> > commonly
> > included agency clause whereby "you cannot work
> for this company for the
> > next 12 months" is actually illegal and would not
> hold up if challenged.
> >
> > Can anyone shed some light on this ?
> >
> >
> >
> > Also, I would like to highlight a clause in a
> contract presented to me
> > recently:
> >
> > "The Consultant must provide <agency> 10 working
> days notice of the
> > Consultant's intention to terminate this
> agreement.  If the Consultant
> > notice to terminate is outside of the agreed
> period, at the discretion of
> > <agency>, the equivalent of 10 days fees will be
> withheld from the
> > Consultant's final invoice payment."
> >
> > This can't be legal ??
> > It staggers me that recruitment agencies have the
> gall to include such
> > rubbish, and it staggers me even more that they
> can get away with this
> > sort
> > of mercenary behaviour. Why don't companies (the
> ones paying the bills)
> > realise all they have to do is stick an ad on Seek
> and banish the money
> > changers.
> >
> > Anyways, it is one to watch for.
> >
> >
> >
> >
> > /Daragh
> >
> >
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> 
> 
> -- 
> Carolyn Hart
> 
> 
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