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Thread ID: 79724	2007-05-30 03:06:00	Emloyment law	Nomad (952)	PC World Chat

Post ID	Timestamp	Content	User
554334	2007-05-30 03:06:00	Hi, Contracts tend to say the following: Within 6 months of being without a job after the assignment finished you agree not to accept a new job if that is offered to you or to make approaches to look for work without the prior permission of your former employer / agency. What does it mean? I have to tell them before I look for a new job or when one person has offered it to me? Even when the agency does jack in trying to locate a job for me. N.	Nomad (952)
554335	2007-05-30 03:25:00	They own you . :D They think . Better wait for Winston if it really matters: he's a lawyer, for his sins . A non-lawyer's opinion is that you could treat that clause with the contempt it deserves . You're unlikely to have enough money for it to be worth their while to sue you; and there's always the chance that it would be called "undue restraint of trade" --- unfairly restricting your right to sell your product (your muscles or your brain) . However, if you are carrying a list of customers, or the secret recipe for CocaCola, to a competitor . . . ;) (That's probably the "justification" for the clause) . The "agency" might give you a "less than good" service if you went back to them, but their service is probably not very good anyway, from your tone .	Graham L (2)
554336	2007-05-30 03:49:00	The situation is this, I got a job a new one. Yeah .. All signed and stuff. That former agency does not know and she has never rang me up since my last assignment has ended. So that is how helpful they have been. There is confidentiality from myself the new agency and the new workplace. So .. they will never know. Its a 1yr contract so its substantial as an "employee" than a contractor. I also have some holiday pay from my last job but its not much as it was just a temping contract with them. I could screw that but I would like to get it back if I could.	Nomad (952)
554337	2007-05-30 04:02:00	If you've left in an orderly way, and you're entitled to holiday pay you're entitled to have it. They don't need to know what you are doing now. I doubt if they're entitled to know what you are doing. If they ask, say you're holidaying in Club Med, and you want to buy a drink.	Graham L (2)
554338	2007-05-30 04:03:00	restraint of trade. I have turned down a job because of this. Even though they said it was for the sales reps. I ttold them if it was just for the sales reps they wouldn't mind deleteing it from my contract. They said no so I said no. The clause went something like this" upon leaving I couldn't work in a 5 km radius of there work place for 3 months"	plod (107)
554339	2007-05-30 04:24:00	Hi, Contracts tend to say the following: Within 6 months of being without a job after the assignment finished you agree not to accept a new job if that is offered to you or to make approaches to look for work without the prior permission of your former employer / agency . N . You sure thats what it says exactly? Because sometimes they have a clause where you can't work for a rival for instance for a certain time . Or start a business in direct competition, stuff like that . But this basically says you agree to be unemployed unless they give you permission to work . Tell them to pay your dole or naff off .	pctek (84)
554340	2007-05-30 04:34:00	It was just a generic temping contract so it wasn't a rival protection or what ... Yeah pretty sure, it says what I wrote. I wait till Winston. The dole, funny that I been without pay for 2 weeks, this begins next week the new one, just rang up Winz for what I can get, all those bills. My next pay won't be a fortnight later. That quote wasn't in exact words but that was what it said. They use the words "the employee will immediately notify XXXX before accepting any such offer of employment. It also says "agrees to not make approaches to clients or any other person/organisation that may become known to the employee ....... without prior discussion with XXXX". "These requirements apply for six (6) months after the completion of the assignment".	Nomad (952)
554341	2007-05-30 05:12:00	You haven't been paid holiday pay? Holiday pay at the end of employment All holiday pay due to an employee (i.e. total entitlement less any holiday pay already received) should be paid to the employee at the time the employee leaves the job. Don't ask for it. Demand it.	Graham L (2)
554342	2007-05-30 10:00:00	What you are referring to is, as Graham has explained, a "restraint of trade". The basic rule is that restraints of trade are strictly construed by the courts and not always enforceable. A restraint of trade is a contractual agreement where a person promises not to do certain work within a defined area for a period of time. The normal situation is selling a shop and promising not to set up or be involved with a competing shop within 5km for 2 years. Or it could be 100km and 5 years for a specialised type of business. We never used to see this clause in employment situations but they are now common. Generally unenforceable too because otherwise they mean you cannot work. That has been held not to be in the interests of justice. However just to show that enforcement can happen have a look at this http: (http) Not the cleverest employee, he chose to compete within 100m of his former employer. A bit further away and he'd have been ok. Holiday pay - you are entitled to this as a matter of law. Just ask for it.	Winston001 (3612)
554343	2007-05-30 11:42:00	some employment agencies don't like it when you leave the agency & go to work for an employer that you have been hired to within the previous 6mths or whatever time that they put in your contract as they have to pay the employer a fee.	Whenu (9358)
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