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Work contract issue

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  • 16-07-2021 5:48pm
    #1
    Unsure_User_2021
    Registered Users Posts: 1 ✭


    Slightly messy situation that I am looking for advice on.

    I work for Company A, a large consultancy firm with over 400 staff throughout the UK and Ireland. I am a full time employee with the company, have been there more than 5 years at this stage. I would be the senior person in my area of expertise, and as our director recently left, I would be the one of two running the overall business area I work in.

    Recently, a smaller company B reached out to my company, asking if we had any consultants with specific expertise to help them fulfill a contract. My CV was sent over, and they were happy with me, so asked that I come work with their client. This is all fairly routine.

    I got the "onboarding paperwork" from copany B today. It is, to not put too fine a point on it, a new contract for Company B is designating me as a contracting organisation to their company. The contract includes that I have to provide letters of indemnity to the company, am liable for any losses, have to maintain accurate records of all activities of my employees, etc.

    Basically, it reads as if I am representing a company that I own and operate. Nowhere in the contract does it mention that I am an employee of company A. If I did own a company, I would assume that all these risk, liabilities, indemnities, etc, would be covered by a professional liability insurance that my company would have. As I don't have a company, I don't carry these insurances (I have no idea how much these things cost even).

    I reached out to my managers, who have both said they have no issue in me signing the contract *(of course they don't, there is no risk to them. All the risk is mine, as I will be signing the contract)*. I spoke to some friends about this, and they are of the view that I shouldn't have to sign anything. Comany A is providing company B with a service, so all the paperwork should be between them. I might have to do some security/compliance/onboarding checks, but not new contracts.

    What I am wondering is:

    1) Am I obligated to sign this contract? (e.g. can my employer force me to sign it)

    2) Is there anything that I can do to protect myself?

    3) Can I be punished by my employers for not signing the contract with their client?



Comments

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    #2
    _Brian
    Registered Users Posts: 18,575 ✭✭✭✭_Brian


    If I were working for a company amd being paid as an employee, I would sign on behalf of the company that the company is liable.

    No way in hell id sign to take any personal liability.

    if you were self employed you’d be charging appropriately to accept the liability.



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    #3
    dennyk
    Registered Users Posts: 1,707 ✭✭✭dennyk


    The contract should be between your employer and your employer's client. You might have authorisation to sign such a contract on behalf of your employer, but the contract should make it perfectly clear who the parties involved are. If it names you personally as a party, rather than your employer, I would refuse to sign it; either get your own manager involved or (if your manager is leaving it up to you to handle the whole contract situation) ask your employer's client to correct the contract so that it names the appropriate parties correctly (and run it by your employer's legal department for validation before signing anything, of course).



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    #4
    kathleen37
    Registered Users Posts: 813 ✭✭✭kathleen37


    " dennykJul 16, 2021

    ask your employer's client to correct the contract so that it names the appropriate parties correctly "

    This



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    #5
    Strumms
    Registered Users Posts: 25,471 ✭✭✭✭Strumms


    What is the craic with your company, your direct employer sending your CV to a third party ?

    no way would I be signing anything either for a third party...any job I’ve had the contract between an employer and a client is not between an employee and a client...



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    #6
    Mrs OBumble
    Registered Users Posts: 25,975 ✭✭✭✭Mrs OBumble


    https://boards.ie/discussion/comment/117628971#Comment_117628971

    Sending staff CVs is quite common in consulting companies.

    Usually they'd be sent without individual contact details though.



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    #7
    athlone573
    Registered Users Posts: 724 ✭✭✭athlone573


    Very strange. Surely your HR have a process for sending people on secondment which involves them charging you out at day rate and you keeping your PAYE job salary and expenses. I'd forward them the email and give them a call on Monday morning it's their job to sort it out.



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    #8
    magicbastarder
    Moderators, Category Moderators, Arts Moderators, Sports Moderators Posts: 49,618 CMod ✭✭✭✭magicbastarder


    your managers may not have the authority to approve you signing the contract as is anyway? might need to be seen by your ow nHR/legal people.



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    #9
    Strumms
    Registered Users Posts: 25,471 ✭✭✭✭Strumms


    https://boards.ie/discussion/comment/117629041#Comment_117629041

    Yes, I’d imagine so but it would be a different environment here...

    if it was sent hopefully the personal details like address and contact details at minimum were made unreadable.



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