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Discussion:
Your Thoughts and Suggestions

As the economy tightens, how is it determined what a fair pay rate is for independent contractors? And what are both parties' 'rights' if a contractor underperforms? The 'balance' of rights is usually determined by the clauses in commercial contracts over which commercial courts adjudicate. But the moral debate over this has a long history. Two ICA members have given different angles on the issue which seem to kick off a new ICA discussion. What do you think?/Make your contribution!

[If you would like to contribute to the discussion, please e-mail your thoughts to us at: fairdeal@contractworld.com.au.]

On 23 April 2009, Arnow added:

    If a contractor feels badly done-by, who is his first port of call for help? Does he seek help from the people who normally help employees in disputes, eg ombudsman, or does he have to enter the intimidating world of court actions?


On 22 April 2009, an Independent IT contractor asked:

    Recruitment firms are pretty keen to tell IT contractors that rates are being significantly cut at the moment. My question is whether recruitment firm rates are being affected as well. It would seem to me that it is not only unethical but unconscionable for a recruitment firm to simply pass on the reduction in rates. If a contractors rates are being dropped by 30% then so should the fees. Otherwise the impact of the downturn is just being borne by independent contractors.

    I would also think that it is a reasonable request that all recruitment firms fully disclose their fee structures.


On 21 April 2009, Arnow asked:

    If a contractor performs work that is considered unsatisfactory by the contractee ... what is the legal position with regard to payment? Can payment be refused? What if the work performed is considered so bad that the business is "damaged" by the contractor's efforts? Does the person engaging a contractor have any legal rights in this regard? Thanks....


[If you would like to contribute to the discussion, please e-mail your thoughts to us at: fairdeal@contractworld.com.au.]