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Thursday, 29 July 2010

Contract tricks to watch out for
Friday, 30 November 2007



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)


Articles and advice on brainbox are for general interest only. You should never act upon anything you see here without first seeking professional advice. Please see our Terms & Conditions for full details.
A few more cautionary tales

I've been contracting for 4-5 years now and here's a few tricks that have been attempted on me.

1. I agreed a rate with the agency. Got sent in for the interview. The client liked me and made me an offer. The agent calls me back and says "they liked you but the offer is $x/hr lower than what we agreed on". At which point I told him to reject it, and hung up.

He called back 20 minutes later and told me they've agreed to the original rate.

When I started I asked the client about this and they just rolled their eyes saying they would never do such a thing.

Obviously the agency was just trying to increase their margin.

2. Agent calls me up at contract renewal time saying "The client loves you, wants to offer you a contract extension but has not offered you a rate rise".

The client DID offer me a raise of 6% (and told me this)... So obviously the agency was just trying to pocket the increase.

I turned around and would not renew the contract until I got a 10% rate raise. And I ended up getting it.

So not only did they lose the 6% that they greedily tried to take, the rest of the 10% came out of their original margin.

3. When starting a new job, I was asked to come in and sign the contract at 5:00PM having only been emailed the contract at 4:30PM (after asking for the contract for 3 or so days).

Suffice to say I told them I needed more time to go through the contract.

Ended up going through another 2 days of back and forth to weed out the myriad lop sided clauses in the original contract.

Some of the dubious clauses were:

a. Lop sided notice period; The client/agency can fire me with zero notice, where as I had to provide "sufficient notice". What ever "sufficient" meant. That clauses was changed to be that both sides had to give the same notice.

b. The client can ask me to come back and rectify any work done that they deem to be "unfit for purpose" at my own expense at any time. That one was removed all together.

The thing was, the agent did not even put up a fight when I asked him to make those changes. Which I take meant he knew these clauses were just plain wrong. So why put them in there in the first place?

And all these were supposedly decent/reputable agencies.

TRUST no one when it comes to agencies.

Ranier Wolfcastle, 11/29/2007 02:45:49 PM
"unfit for purpose"

The client can ask me to come back and rectify any work done that they deem to be "unfit for purpose" at my own expense at any time. That one was removed all together.

This can be in there to keep the tax man off your back. If you are just providing "hours" where the client bares all risk there are more limits on what you can claim as a tax deduction. If you are providing a product or service and you are responsible (financially) for the quality of that work you can claim more in the way of tax deductions.

Consult your accountant.

oh, 11/29/2007 03:18:23 PM
Good point

I was in there as a PAYG contractor at the time, but good point.

What rang alarm bells for me was that the clause was worded so it was up to the client to deem what was and was not "fit for purpose".

I just thought, what happens if I create an app for them, it goes untested and gets mothballed. After I leave, they decide they needed it after all and start testing or using it.

They can use that clause if they wished to drag me back to rectify any defects etc and not have to pay me a cent.

Ranier Wolfcastle, 11/29/2007 08:00:12 PM
rehash

Im pretty sure I saw this same article here on brainbox some years ago.

Not that theres anything wrong with putting it up again.

Especially since these have been around for ages and don't seem to be going away anytime soon.

btw, getting tired of the line 'theres only a few rotten apples' amongst the recruiters. This is plain false and gets used around this site way to much.

noname, 11/29/2007 10:20:10 PM
so true

"1. I agreed a rate with the agency. Got sent in for the interview. The client liked me and made me an offer. The agent calls me back and says "they liked you but the offer is $x/hr lower than what we agreed on". At which point I told him to reject it, and hung up.

He called back 20 minutes later and told me they've agreed to the original rate.

When I started I asked the client about this and they just rolled their eyes saying they would never do such a thing.

Obviously the agency was just trying to increase their margin."

Peoplebank once pulled this on one me. I was out of work at the time, so just signed. A few weeks after starting the client told me they hadn't, and we were both furious. They were gagged, and when I confronted the agent he just laughed at me and said "well you signed it".

3mths later when the client was really keen to extened me I asked the agent for the extra $5ph that was originally offered and agreed to, and was offered just a measly $1ph more. So I turned down the renewal and found another contract.

m, 11/29/2007 11:45:39 PM
overtime

Check the small print for over time.

And working on weekends.

mc

macca, 11/30/2007 02:51:12 AM
question for macca

What the longest contract you've done? Eight inches?

brownie, 11/30/2007 05:35:47 AM
Hey Brownie

Probably closer to eight seconds - much like his/her attention span.

UnemployedITer, 11/30/2007 07:21:53 AM
Pals

Leopard agree with pals UK Brownie and unemployed IT. Macca troubled not wise man.

Great Leopard, 11/30/2007 08:04:30 AM
golden parachute clause

I always insist on having a golden parachute clause in my contracts. Its fairly standard practise these days.

Tommy, 11/30/2007 11:18:26 AM
golden parachute clause???

golden parachute clause for a contractor - what planet are you on!?!?!

Uranus, 12/02/2007 11:39:54 PM
golden parachute clause

Averages joes like you (Uranus) and me don't qualify for these, and probably never will. We don't have what it takes, and probably never will. A friend I worked with years ago in "the City" in London, had a golden parachute (I saw that clause in his Contract). He was an expert in Equities, working at Flemings, and pulling more money in one month, than you would make in a year. Not everyone is living in the gutter Uranus... some contractors live permanently in golden times. You either got or you haven't.

JJ, 12/03/2007 05:22:05 AM
Centrelink

Perhaps I should insist that a "golden parachute" clause be inserted into my welfare contract.

UnemployedITer, 12/03/2007 05:51:41 AM
Union jobs

UnemployedIT... now Rudd election victory best now apply with Labour union job. Try mining booms or trade.

Need job advise when not compete with Leopard great midnight coder ride again.

Great Leopard

Great Leopard, 12/03/2007 08:21:29 AM
golden parachute

I admire the golden parachute men. They and only they deserve our respect. If you haven't got a golden parachute, what does that say about you? Jealousy and bitterness will not get you anywhere. Those who have golden parachutes are the true cream of our society.

Ben Hunter, 12/03/2007 05:06:52 PM
Golden parachute??? in a contract????

I think your getting permie and contractors mixed up.

A golden parachute clause will certainly be present in most employment agreements, but your going to be laughed at for insisting one be in a contract.

Been a contractor from the respect of a company is no different than getting an outsourcing company in.

They pay for x hours of your time and that's it. It's up to you to look after your money.

A wise move (and something that's saved my rear end once or twice) is to make sure that even during a contract your not out of the market. If something better comes up take it. If your contract is terminated for any reason your already known in the market effectively you've established the ME PTY LTD brand. I recently had my contract terminated, and once over the initial shock (Although I was prepared for it after some "special contractor only meetings") I had my next assignment worked out and I was working on that by the next business day.

anon, 12/03/2007 05:33:21 PM
We'll review that in a few months

I've see a company go one step further. I was given the contract on my first day, I noticed that it wasn't right and I was told we'll review that at next pay reviews.

Of course been day one I had no choice but to sign (thanks to mortgage payments due and the overwhelming desire to be able to eat) and of course at pay review time these guys had a million excuses. I found out later that this is typical of what the company does. Funny enough the company is now wondering why they are losing money and people hand over foot and why creditors are knocking at their door.

anon, 12/03/2007 05:38:53 PM
another trick

another trick I discovered once was, the contractor signs a contract with the agency, but the client stalls and stalls and never signs a contract with the agency.

The client pays without problems, and as the agency are getting their money, they go along and don't say anything.

But it means the client can pull the plug anytime, and the contractor is left to argue with the agent about being paid for any notice period the agency themselves aren't going to be paid for. And any experienced contractor will know how that one will play out.

m, 12/03/2007 08:47:26 PM
golden parachutes

Some contractors are just so precious, that employers will virtually pay whatever is demanded, and in cases like these, golden parachutes are the rule.

Most of us are so disposable, that the idea of other contractors receiving them, causes mental confusion...

Do yourself a favour guys, and do a Google on three words, "golden parachute" and contract. And you'll see that people on contracts do receive them. And we are NOT talking permies here!!

I know senior indispensable IT contractors who have had them, precious individuals earning a fortune, and whom management wanted to retain at ANY cost.

Obviously most people commenting here have never worked close to people are the IT royalty. Almost always (with some exceptions) these people work in an Investment Bank and are highly skilled in esoteric monetary instruments.

Reasoning = "I do not have a golden parachute, and neither do any of my mates (because I have examined their contracts), THEREFORE... no-one else in IT (who is a contractor) has a golden parachute either." That's what's called "paupers logic".

emile (Investment Banking), 12/04/2007 12:27:05 AM
perfect logic

emile

"Reasoning = "I do not have a golden parachute, and neither do any of my mates (because I have examined their contracts), THEREFORE... no-one else in IT (who is a contractor) has a golden parachute either." That's what's called "paupers logic"."

what wrong with that logic, it appears to be the norm here...

anon, 12/04/2007 02:14:32 AM
golden handcuffs

I have never had a golden parachute, but have plenty of experience with golden handcuffs. For many years, golden handcuffs were the rule in Saudi Arabia. They made it so $$ tempting to just keeping rolling over your contract, that you were torn between wanting to return home, and staying in Saudi, because the bonuses just kept getting bigger every year. Back in the early 90s, I made my first million ($US) in just five years. My golden handcuffs held me there for few more years, until I left for Switzerland. Western employers still employ golden handcuffs, but rarely golden parachutes (in my experience). If you are valuable enough, you can still get handcuffed in Australia.

Klaus, 12/04/2007 10:48:30 PM





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