New Contract but No Contract?

**blacksta** · 11 October 2014, 13:13

As NLUK would say - I am sure you can delay start day by a day or two. Any plans on reviewing the contract e.g qdos Ir35 review.

**CheeseSlice** · 11 October 2014, 13:25

Sounds like a complete mess. I would definitely wait for paperwork before going any further. I certainly wouldn't turn up on site on Monday.

Once you turn up on site and start working, it will be difficult to back out as you will have entered an unwritten contract. Is the day rate you have been offered even written in an email from the agency ?

You say "clients HR having problems obtaining signatures from the relevant parties". This is a huge red flag. It suggests to me that the contract between the agency and client may have not been sorted out, so you run the risk of not getting paid at all.

I would tell them I'm not going on site until I receive the contract paperwork from them, and then I would review it myself, then get it reviewed by one of QDOS, B&C, etc. And in the meantime go for the other interviews.

**SueEllen** · 11 October 2014, 17:48

Originally posted by CheeseSlice View Post

Sounds like a complete mess. I would definitely wait for paperwork before going any further. I certainly wouldn't turn up on site on Monday.

Once you turn up on site and start working, it will be difficult to back out as you will have entered an unwritten contract. Is the day rate you have been offered even written in an email from the agency ?

^^^ This

Get on the phone on Monday morning - first contact your client contact and tell them why you aren't on-site. Simply say that your insurances aren't valid without a contract and you are waiting for the agency to issue one. Then contact the agent and ask them were the contract is. Hopefully by the time you have put down the phone and contacted the agency you will know either way whether you have a contract.

**BolshieBastard** · 11 October 2014, 17:56

Anyone contemplating starting a contract where there's no paperwork and the agent says the client's HR is having difficulty getting signatures, is just asking for trouble.

Avoid!!

**chris101** · 11 October 2014, 19:22

I have an email from the agency confirming rate and length of contract, would that be sufficient or does it have to be in a form of an official contract?

The agency is a well known one and the agency contact is responding to my emails over the weekend as well...

They have managed to get the contract to me but its between the client and middle agency and they have got my name on it instead of the limited company and no dates are included or salary info.

According to my agency the salary will be paid by them hence no mention of day rate and that another contract via agency should of been already sent to me, but it hasn't....

**chris101** · 11 October 2014, 19:44

Originally posted by SueEllen View Post

^^^ This

Get on the phone on Monday morning - first contact your client contact and tell them why you aren't on-site. Simply say that your insurances aren't valid without a contract and you are waiting for the agency to issue one. Then contact the agent and ask them were the contract is. Hopefully by the time you have put down the phone and contacted the agency you will know either way whether you have a contract.

Even if the client says there is a contract in place, its not in my possession.... So if the client confirms there is one I still won't be able to review the finer detail until I recieve it

**BlasterBates** · 11 October 2014, 21:32

If you stay at home for a week possibly waiting for the paperwork you lose one two weeks billing time

That would be a couple of grand.

Personally that's a lot to pay to wait for some paperwork. Although I agree with the above there is a slight risk it's pretty small. Having experienced delays in the paperwork many times and it not causing a problem, I would advise going in.

I'm assuming you've agreed the rate, and if the rate suddenly changed then of course in my view that would be a reason to walk but I doubt very much that that would occur, never seen that happen.

anyway your decision....

**SueEllen** · 11 October 2014, 22:07

Originally posted by chris101 View Post

Even if the client says there is a contract in place, its not in my possession.... So if the client confirms there is one I still won't be able to review the finer detail until I recieve it

The reason to contact the client first, is that if there is a contract in place they will talk to the agent and the agent fearing for their profit, will get the contract out to you asap.

If there isn't a contract in place because the client doesn't need you then the client will tell the agent, who will then tell you.

So both ways you will know by the end of the day whether the contract is going to happen.

There are occasions when the client's processes mean that it takes up to a month to get a contract out. If the client is any good they will tell the agent to tell you this. The agent will also not give you a start date.

The only reason I know this is that I've help recruit contractors for a client who had a procedure of requiring loads of signatures per contractor they took on.

I wouldn't turn up on-site until I've talked to the client, got the contract out of the agent and got it reviewed. Reviewing contracts can be done within 24 hours depending on who you use. So losing 1-3 days billing shouldn't be an issue for either of the parties involved.

**SueEllen** · 11 October 2014, 22:12

Originally posted by BlasterBates View Post

If you stay at home for a week possibly waiting for the paperwork you lose one two weeks billing time

The poster doesn't need to stay at home for a week.

They need to be proactive in talking to all the parties involved to ensure that the client actually wants them. This can be found out within 24 hours if they bother to talk to the client before they talk to the agency.

Yes while the contract is with the agent unfortunately too many of them play dirty tricks and give misinformation about start dates to inexperienced contractors. This is because they fear that with any delay a contractor will continue to search and then take on another contact due to their particular client being slow. However agents with scruples will tell you that a client is slow and why.

New Contract but No Contract?