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Starting before signing the contract

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    Starting before signing the contract

    Ok folks, I have got the Limited company sorted and have engaged an accountant.

    The formal contract arrived by email today, I told the agency that I will be getting the contract reviewed.

    I have gone back to them to remove some of the opt-out clauses which they have sneaked-in (another thread here).

    The agent wants me to stat asap, so has asked if I can start at 9am tomorrow and he is okay with me signing the contract only after review.

    Is it wise to do this, or is this something which I should avoid.

    #2
    Avoid. If you start without signing you're effectively agreeing to the contract terms as they are now.

    Sent from my Nexus 4 using Tapatalk

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      #3
      Don't see a problem. I've done it a number of times where the paperwork is being done but I just continue.

      You can bill an extra day.

      Some contractors don't do it on principle but they have less money in their bank account than contractors that do

      From a legal perspective it doesn't make any difference and you can still sort out the small points in your contract, I presume you've sorted out the key points in the contract. If there were some still points outstanding with regard to rates or hours then no, but as long as those are agreed.

      Also makes a good impression with the client.
      Last edited by BlasterBates; 8 May 2014, 07:03.
      I'm alright Jack

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        #4
        Don't do it.
        Your professional (liability) insurances won't pay if anything happens
        For example by mistake you destroy one of their databases on your first day, you don't have a contract signed, they tell you to leave, they sue you and you're not covered.

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          #5
          Originally posted by Eirikur View Post
          Don't do it.
          Your professional (liability) insurances won't pay if anything happens
          For example by mistake you destroy one of their databases on your first day, you don't have a contract signed, they tell you to leave, they sue you and you're not covered.
          Not quite as you could argue that you implicitly accepted the original contract by actually turning up...

          The implicit acceptance is of course a bigger issue here, how do you get an agent to change the terms of a contract when he says NO and you have implicitly agreed the original version...

          So short and final answer don't start without a signed contract you a happy with...
          merely at clientco for the entertainment

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            #6
            Originally posted by mekool View Post
            The agent wants me to stat asap, so has asked if I can start at 9am tomorrow and he is okay with me signing the contract only after review.

            Is it wise to do this, or is this something which I should avoid.
            What happens if you want to change something and the agency refuses? By starting work, you have agreed the contract, so you have no leverage to get anything changed. Once you have accepted the contract, there is no incentive for the agency to make any changes that you want.

            By not starting work, you risk upsetting the client if they were expecting you to start. If you have any contact details for the client, then drop them a line and explain that you are looking forward to starting but have just got to get the contract checked because otherwise you wouldn't be insured. Once they hear that line, they won't want to take the risk of you being uninsured, so will be happy to wait for you.
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