Enquiry about Job Offer

laruku on 21/08/2018 - 17:45

Hi all, I have been offered a contract role, and at the same time waiting for the progress of my other application in different company for permanent role.
I have received an agreement from the agency as a firm, and myself as a contractor.
Based on per below contract, can someone please clarify that if I have signed the paperwork and the other company decides to offer me permanent role, would I be in trouble if I decide to take the permanent role and abandon the contract which I have signed?
And it says that I will need to compensate the loss, wondering how much amount the damage that I need to pay?

"This agreement sets out the standard terms and conditions which will govern any engagement of the
Contractor to provide services to a Client; however the Contractor acknowledges that the Firm is not
obliged to offer any engagements to the Contractor and the Firm acknowledges that the Contractor
is not obliged to accept any offer.

The Contractor agrees that the Firm is not bound to make any offers to engage the Contractor,
and the Firm agrees that the Contractor is not bound to accept any offers of engagement received
from the Firm.

The Contractor indemnifies the Firm and holds the Firm harmless from any damages, losses,
liability, costs and expenses whatsoever incurred or suffered by the Firm arising from the
Contractor’s acts or omissions. Except in relation to any claim for unpaid remuneration the
Contractor releases and forever discharges the Firm from any claim which the Contractor has
against the Firm in respect of, arising out of or related to its relationship with the Firm."

Education & Work

Comments

  • chumlee on 21/08/2018 - 18:18
    +1

    Nothing there stopping you from taking a permanent role

  • MrHyde on 21/08/2018 - 18:26

    That seems like a standard contract term when you join a labour hire firm. Till they offer to an actual engagement and you accept that engagement, nothing stopping you from taking another role.

    • laruku on 21/08/2018 - 18:29

      I have been accepted to work with a client company through that agency.
      So, if I signed the contract that means I accept the engagement.
      Can I still take another role once I have signed the agreement?

      • chumlee on 21/08/2018 - 18:32

        It's an employment contract not give your soul contract.

        You can leave any employer anytime you like. Even non compete clauses are hard to enforce unless you are taking clients with you

        • laruku on 21/08/2018 - 21:15

          I understand, however I was just worried if the agent can sue me or taking legal action after I have signed the contract with them however at the end I cancel the contract before even the starting date and taking the permanent role

        • chumlee on 21/08/2018 - 21:19

          @laruku: nope. You are free to do what you like. No point them keeping you either if you don't want to be there

      • MrHyde on 21/08/2018 - 18:33
        +2

        Then you need to check what the engagement contract or work order or whatever it may be called says, which is normally separate from the labour hire contract. That will contain specifics about the engagement - things like scope of work, time period, rate for engagement, clauses around notice periods, etc. On contracts, the notice period could be as low as 1 week depending on industry.

        • laruku on 21/08/2018 - 21:13

          Time period is 12 months contract, then either being renewed or become permanent.
          I have checked and the notice period is 1 week

        • MrHyde on 21/08/2018 - 22:21

          @laruku:
          All employment contracts can be cancelled before starting. I've seen it done numerous time. Other than burning bridges, nothing else comes out of it.

          At the same time, your notice period is only 1 week - can easily start, give notice and leave.

          If I were you, I would leave before starting - but explain to them that the permanent offer is more what you are looking for rather than contract. Some employers may understand that and you may leave with less fire damage than leaving after a week.

  • sraven373 on 22/08/2018 - 07:50

    You are not locked in with that contract

    I do caution about the following clause though;

    The Contractor indemnifies the Firm and holds the Firm harmless from any damages, losses,
    liability, costs and expenses whatsoever incurred or suffered by the Firm arising from the
    Contractor’s acts or omissions

    This at a minimum should have 'negligent' added before acts or omissions

    As it is it is a very broad indemnity, meaning if you cause them loss they can recover that loss from you
    Make sure you hold your own insurances for public liability and professional indemnity

    Disclaimer: This is not legal advice and prior to acting upon you should seek advice from a lawyer

  • cansydint on 22/08/2018 - 09:19

    I've left a contract position with a days notice, starting the next contract the next business day as the company i was working for at the time was messing around with me.

    Its a contract, they can cancel it whenever they like and so can you. You are expendable to them and thats why you're on a contract, dont let them (profanity) you around

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