I handle hair and make up artists for a studio and all of them are service contractors with two to three months contract.
We have a fast turnover for service contractors, not all the workers in this studio have contracts. Three of them only had a verbal agreement with the contractor that they will stay for 5 months. The contractor, trained them for free so they can perform the tasks required by the client company.
They were not able to conform with the policies of the client company and they were verbally advised of these policies. Two of these service contractors committed 'padding' where the first worker logged in the second worker even when the second worker is not physically present in the workplace. They were advised that this act is a ground for termination. The client company asked them to turnover for 15 days. Since there is no contract, they disagreed. The client company wishes to just have them do clearance which includes returning of Id's, access cards and signing a quitclaim which states the following:
1. that the contractor paid the amount of their last commission
2. that they cannot apply for three years with a company or competitor within the vicinity of the make up studio with the same nature of business
3. that the client company does not hold them liable legally nor financially even though they have not turned over for 15 days
The two service contractors does not want to sign the quitclaim despite of the efforts of us explaining to them that this is only to protect them if the client company will legally file any complaints in the future and also both to protect them and the agency.
Their reason of not signing the quitclaim is that they did not sign any contracts when they started working for the studio. A friend who works as an HR said that they are required to do clearance even if they do not have a contract with our agency and that is is already understood that they are workers of our agency since they were receiving cash payment vouchers every 3rd and 18th of the month.
I do not have legal knowledge when it comes to these things. My only wish is that they sign the quitclaim.
I hope you can help us.