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Unfair agency terms and conditions? An unhappy contractor's view
Posted Apr 28, 2010
A disgruntled Contract Eye reader sent us an interesting email this week which deals with an often overlooked subject - recruitment agency terms and conditions. We've taken up his suggestion and you can now read our guide to common problems with agency terms & conditions.
"I was reviewing your web site Contract Eye, with a view to finding out more information concerning unfair and positively draconian terms and conditions to which we contractors are subjected to by agencies.
"It was disappointing therefore, not to find any section dealing with this thorny subject. As a professional contracting since 1991 I have constantly run into agencies whose contracts unfairly penalize the contractor by their terms and conditions. When speaking with other contractors there seems to be a general malaise, a shrug of the shoulders to these matters. Most contractors actually do not seem to read the T&C sent to them and blithely sign away their freedom for the small pot of gold.
"I have recently turned down three such contracts, which would have been fun to work on, simply because I could not happily work for the companies whilst being subject to the T&C of the agencies.
"It is now common-place for T&C's to stretch to 13/14 pages of very mangled legalese, as they (the agencies) attempt to cover all areas of dispute. That is not to say that contractors are without fault but the agencies are making a handsome profit for very little work and care not a jot for the well-being of the contractor.
"I would like to see a section advising contractors on what T&C should consist of, of what they should be careful about signing up for, and examples of unfair and downright horrible contract terms.
"In my experience, agencies do not know much about the jobs they are advertising, do not filter applicants carefully, do send companies useless CVs, do take excessive profit for what is basically a paper-pushing exercise.
"Is it not about time that agencies who feed off the system as parasites are bought to account? How about a section where unfair contracts can be submitted to show agencies up?"
From a Contract Eye reader
Please feel free to send us your views - info@contracteye.co.uk.
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