Clean It Up
UK General Cleaning Forum => General Cleaning Forum => Topic started by: chosker on January 22, 2007, 10:44:45 am
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Our commercial company doesn't have any clause at the moment in the clients contract regarding taking their cleaner on privately. Our domestic company comes across it all the time and it is quite obviously written into the contract. Does anyone know if this is a common thing on the commercial side and should we put something in? Any ideas as to wording?
Thanks
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I can not specifically write with regard to commercial cleaners but when working for an employment agency there are certain terms and conditions within there business terms that state generally 'if the company wishes to use an employees services outside of the agreement between the two companies then a charge will be made for the loss of this worker (an introduction fee)'
It will also state in the employees contract that should they work for somebody to which they have been introduced then they must make the employer aware of this situation.
Not sure if this helps at all but I would have thought you could put something in the contract even if you do not use it, better to be safe than sorry.
Arran
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Hi all ! "First time caller"
This has just happened to me big style. Took over a large contract just over a year ago which under TUPE meant the existing staff. Worked bloody hard for a year turning them into a cracking team that basically are able to run themselves. The customer has now noticed this and has served me notice and offered my team employment with them. A bit annoyed but I'll get over it.
As of yet i have never felt the need for formal contracts with Customers as I have always got on well with good old honesty and hard work.
Your wise words would be appreciated.
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Unfortunately it's a common problem, many cleaning companies put it into their contracts or service agreements. It can be worded like:-
The client agrees not to directly employ or offer work to the cleaner of the contractor, as this will be a direct breach of this agreement. If the client wish to employ a cleaner directly, the client must pay one thousand pounds fee to the contractor.
Good, hardworking, reliable and trustworthy staff are like gold, so hard to find and a real investment. It's fair to ask for a fee in exchange for a valuble member of staff.
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You can put a clause in your contract but it must be deemed as 'reasonable' in the eyes of the law.
We have a particular clause that states that no employee can work for a customer in any position which they have been employed in or directly relating to that employment by the contractor or which may be detrimential to the contractors business within a 12 month period of leaving the contractors employment. (it's not the exact wording but something along those lines).
The employee also has a clause in their contract of employment stating much the same but the other way round.
Hope this helps
Fox
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Thanks for the feedback. I shall look into our contract and see which would be best to use.
Claire
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Without question this issue is one of the most critical parts of ANY contract. Your staff are your most valuable assets, you train them, you invest time any money into them, and without them you have next to nothing.
To allow your clients any space whatsoever to poach your staff at will like this is simply suicide. No surprise when they do because after all "its a gift".
Should things change outside of you control or a dispute arise, they don’t need to worry about the rest of your contract, they can just dismantle you instead, might as well throw the rest of it away!
Its like walking around with a big "KICK ME" sticker on you back, you know sooner or later someone will. ;)
DP.
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You can put a clause in your contract but it must be deemed as 'reasonable' in the eyes of the law.
We have a particular clause that states that no employee can work for a customer in any position which they have been employed in or directly relating to that employment by the contractor or which may be detrimential to the contractors business within a 12 month period of leaving the contractors employment. (it's not the exact wording but something along those lines).
The employee also has a clause in their contract of employment stating much the same but the other way round.
Hope this helps
Fox
I use "The Client undertakes that neither during the period of this contract nor for a period of one year after its termination shall it without the previous written consent of the Company offer employment, in any capacity concerned with our services, to any employee of the Company, or any former employee of the Company, engaged during the period of this contract, without compensation to the Company of 30% of said employees annual salary or wage under the contract."
I don't have a reciprocal in the cleaners contrats as it's pointless, you'll lose a case on that basis in court whereas for the client the contract is enforable.