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Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 44135
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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I currently have an employment contract with a recruitment

Customer Question

I currently have an employment contract with a recruitment agency which expires on June 30. The assignment I was contracted for ended at the end of April. The client chose to keep me on to the end of my contract (June). In the interim another project came along and the client asked me to take on this role. I said I would like to but didn't want to renew or extend the contract with the recruiter and would like to enter into a fixed term contract with the new client. The project assignment I will be working on is different to the one I was assigned to under the contract so strictly speaking the client is not the same even though it is within the same organisation. My employment contract states that I cannot after the end of my contract be engaged directly by the client - is this enforceable?
Can I choose not to enter into an extension with the recruiter and negotiate my own terms with the new client?
The primary reason for not wanting to continue with this arrangement is that the conditions are not in my favour ie: agency takes 15% and I have no entitlements. The reason I have been kept to the end of my current contract and offered a different role at the end of it is due to my work performance and skills.
Submitted: 2 years ago.
Category: Australia Law
Expert:  Leon replied 2 years ago.
Good Afternoon
My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question.
You cannot take on the role with the employer unless the agency agrees to you doing it.
If you do without their agreement you can be sued.
If you can show that it is harsh and unreasonable you can fight it in court but they have a right to enforce it.
The agency has these clauses so that they do not lose the commission.
The clause though cannot be indefinite. It can only be for a short period.
How long is it for?
Customer: replied 2 years ago.

It is for 6 months. What if I re-negotiate the contract for more money and to have that clause removed?

Expert:  Leon replied 2 years ago.
Good Afternoon
6 months may be seen as unreasonable and the courts may reduce the time to 2 or 3 months but it is enforceable.
That is possible of they agree.
Speak to them and see what you can do.
All the best
If there is nothing further thank you for using my services.
If I have missed anything, or you have any further questions please let me know
If there is anything else in the future please do not hesitate to ask.
Please do not forget to leave positive feedback.
Regards
Leon
Expert:  Leon replied 2 years ago.
Good Morning
I'm just following up our discussion earlier this week and seeing whether there is anything else I can assist you with.
If I have missed anything, or you have any further questions please let me know.
If there is anything else in the future please do not hesitate to ask.
Please do not forget to leave positive feedback.
I look forward to hearing from you.
Regards
Leon
Expert:  Leon replied 2 years ago.
Good Evening
I'm just following up our discussion earlier this week and seeing whether there is anything else I can assist you with.
If I have missed anything, or you have any further questions please let me know.
If there is anything else in the future please do not hesitate to ask.
Please do not forget to leave positive feedback.
I look forward to hearing from you.
Regards
Leon