Contract tricks to watch out for
Tuesday, 27 April 2004
Some agencies seem to be getting more sly when arranging contract signing. Here are some things to watch out for.
Firstly, a disclaimer - most agencies are reputable and well-behaved. It's the rotten few that spoil it for everybody. Here are some things I've noticed lately that have either happened to me personally or others I know.
Getting you to sign on the day you start
This is one I got caught out with lately. It's a great opportunity for the agency to put pressure on you to sign quickly and ignore any concerns.
Generally, you should try to avoid having to sign on the day you start, but it's not the end of the world if you can't get around it. What's really important though is to get a copy of the contract before having to sign. That way you can read through it and sort out any concerns with time to spare. Have them fax you or email you though a copy a few days before you start. If they start making excuses for reasons they can't, this should ring alarm bells.
Saying there's nobody authorised to sign and they'll mail you through your copy
This seems to be the newest scam for some agencies. It goes like this...
They'll arrange for you to come into the office to sign your contract. You'll read the contract, agree and sign it. Then, they'll reveal that they're not authorised to sign the contract on behalf of their company. They promise to get it signed then post it to you. Needless to say, actually getting your own signed copy can be like getting blood from a stone.
If they're making you go in to sign, tell them to make sure the contract is signed by an authorised person. If they say that's not possible, something's definitely wrong.
Another way to beat them at their own game is to refuse to sign until someone from the agency has signed it. If there's no signature on it, ask them to sign it. If they pull the "I'm not authorised and the person who can is out" ruse, simply tell them you can't do it until they sign it first. You'd be surprised how quickly that authorised missing person can turn up.
We'll make the amendment later
I got stung by this one recently, and I've got quite a bit of contract experience. It goes to show that in the right moment of weakness, anyone can fall prey to a nasty trick. Make sure that you get the contract in advance, as outlined above, and work through any concerns well before you're expected to sign. If they say they'll make the amendment after signing, don't believe them.
The client can give you notice, but you can't give any
This is turning up more and more on contracts. Basically, it states that the client can give you notice of termination (e.g. a week), while you have to work out the entire contract. Kick and scream to avoid this. Otherwise, you could end up stuck in a contract you hate where they can sack you at any time.
It's unfair, and there's no reason the notice period shouldn't go both ways.
I wish agencies would give up on trying to cheat and trick contractors really. There's no reason for it, as most contractors are perfectly happy to behave honestly and fulfil their commitments. In the long run, bad behaviour can come back to bite agencies as today's contractors are generally tomorrow's managers and clients.
MSB in the UK is the classic case of this. They sailed close to the wind in their dealings with contractors and soon found their income plummeting. Realising there was a problem, they swung the other way and began acting with above average honesty. By that time it was too late though, and they're now a medium-sized to small provider while they were once one of the biggest.
Paul Knapp (editor@brainbox.com.au)
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One MoreHi Guys, One contract trick i was recently hit for was the fact that they , The Agency , changed the meaning of the contract. I've argued it but i'm now in the position to bite the bullet and when the contract is finally up , screw them. Basically, I signed a six month contract to start on the 20th of October 2003 , so six months is the week ending the 16th of april 2004 (quick math , November , December , january , Febuary , March , April , count them 6) with me so far. well there was a clause in the contract that stated there was to be no work over the christmas break. Ok no problem with that , 4 weeks no work. Now when as far as I understood the contract is up they say no no you are contracted for 6 Months work and as you didnt work over Christmas you will work until May 14th. which to my thoughts is 7 months. When I said no , they then told me if you dont do it we will take you to court for breach of contract AND we will place you on the Contractors Black List which will make it so you cant get a job via an agency again. Then a few more things happened anyway long story short. Like Paul writes, Get the contract , read the contract , get a signed copy , clear all concerns. one clause i am really getting annoyed at is the 'You (The Contractor) may not work for the Client (The Client) for 12 Months after the end of the Contracted Period' yadda yadda yadda ... doesnt this clause place a restricion of trade and on us the workers? shouldnt we be allowed once the agency has made $10000 off us during a 6 month contract be allowed to offer our services directly to the client to either make it cheaper for them of better for us , or both? anyway my thoughts on many things hope it is coherent Deon Deon, 04/28/2004 07:37:15 PM
Call their bluffDeon, some of those threats by the recruiter have no basis at all. Try saying: "OK, we'll sort it out in court." One of the problems is that the recruiter then threatens the employer with legal complications, and thus rules you out of a job, with no justification. Every time this happens, write letters to the IT minister and your local politicians and complain like hell. The recruiter will tell you the contract is confidential. Tell them to sue you. Johnnie Howard, 05/02/2004 04:17:34 AM
Contacting the IT MinisterContact the IT Minister , no i think i'll contact the ACCC on privacy concerns actually. I think i'll just get a nice big list and then email it to him all at once, and keep on him until i get a satisfactory responce. Can you tell i'm jaded with Agencies and all?? i think you can , hell i'm absolutley Livid , i'm as mad as a hopping mad cat on a hopping mad tin roof thats been left in teh hopping mad sun on the most hoppingist mad day in december(quiet baldric). No for now i'll leave it and if similar conditions come along again then i'll jump up and down at the IT minister and ask for a government enquirey into privacy practises within the recruement agency industry. cheers Deon , 05/02/2004 11:17:49 PM
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