Last minute contract renewal with worse terms

[Philoio]

Hi

I am employed by an agency on to work with a managed service who places me on a clients site. The client treats me like a regular contractor I just happen to come through the managed service for political reasons.

My contract ends 31/12/15 (today). In November last year the client said they wanted to extend my contract. Despite a bit of chasing it has taken until end of day yesterday to get a contract renewal from the agency. But I am not happy with the terms of the renewal, the agency have changed the contract. I have a number of other opportunities on the cards but nothing solid.

Where do I stand turning up to work on Monday without a contract? What happens if i cant resolve the contract issue and I leave having worked a month without contract in place? Can i still expect to get paid?

thanks

[cojak]

Last minute contract renewal with worse terms

You return on Monday and you will have accepted the new contract terms. Have you accept the extension without seeing the contract first?

[northernladuk]

As Cojack says turning up is acceptance so yes in theory you should get paid. In practice I expect if your turn up and then give notice shortly after you'll probably have to fight to get your money.

That said why would you turn up to a gig where you don't like the terms? You don't say which terms they are so it's impossible for us to give you much advice but you really should get it IR35 checked as well. Personally I'd not turn up on Monday and use the time to get it sorted. The agent definitely sit up and take notice if you refuse to turn in and it's highly likely they will fold and revert to the old terms.

Trying to play your client/agent to suit yourself without a signed contract is highly likely to come and bite you. You may end up in a gig you are not happy with if the other opportunities evaporate for example. IMO don't dick about and do it properly.

[SueEllen]

If you turn up you are deemed to have accepted the new terms.

There are various ways you could play it:

1. Contact the client and tell them the truth, you have received a contract with worse terms on 31st December so can't turn up until the contract is sorted. Then sort the contract out with the agency. OR

2. Take a copy of the contract. Cross out all the terms you disagree with on the original, sign the original and return it to the agency. In the mean time get the terms you disagree with worded properly and negotiate with the agency. OR

3. Decide you aren't going back and inform the client and then the agency why.

What would I do? I've learnt to get my contracts reviewed properly from the start so agencies don't try that trick.

[Philoio]

The terms that have changed are

• Payment terms from 10 days to 30 days
• Notice period from 2 weeks to 30 days

I verbally accepted the contract on the assumption that the terms did not change.

The gig is fine and I have a great relationship with the client so I dont want to involve them. This is 100% with the agent.

[northernladuk]

Personally neither of those are enough to spoil a gig for me. I'd certainly be threatening them with not renewing and might even push it by not turning up on the first day but if nothing could be done there is nothing there that would spoil a gig for me. I've been on those terms most of my contracting career TBH.

That said I'd have been fighting these back in November and would have told them 2 weeks before Xmas I'd not be turning up if i don't see a contract in time. You've kind of lost the advantage with the unfortunate timing of the holiday and not pushing it.

[PerfectStorm]

I'm on those terms now, I'd take that and run with it. If you like the gig you won't have to use the notice, if they use it on you they might be kind and give you a months work rather than a week. And being paid once a month is pretty usual...

[NotAllThere]

The terms that have changed are

• Payment terms from 10 days to 30 days
• Notice period from 2 weeks to 30 days

I verbally accepted the contract on the assumption that the terms did not change.

The gig is fine and I have a great relationship with the client so I dont want to involve them. This is 100% with the agent.

You have a negotiating point. Tell the agency that since the new contract has terms less favourable than before, it's only fair (tm) that you receive something back in return. Suggest a 5% increase on your fee - otherwise they can revert to the original T&C , and if not, you won't turn up on Monday.

[BrilloPad]

The terms that have changed are

• Payment terms from 10 days to 30 days
• Notice period from 2 weeks to 30 days

I verbally accepted the contract on the assumption that the terms did not change.

The gig is fine and I have a great relationship with the client so I dont want to involve them. This is 100% with the agent.

Take a copy of the contract. Cross out all the terms you disagree with on the original, sign the original and return it to the agency. In the mean time get the terms you disagree with worded properly and negotiate with the agency.

This is what I would do. The agency have played hard ball. Throw it back to them.

[Philoio]

Thanks for the responses.

Is it a deal breaker? Well that depends on so many other factors that I have not gone into here like what else has gone on before and what other options I have on the table.

My key takeaways are;

• If I turn up I am deemed to have agreed to it.
• If I have not signed a contract do some work and then leave I may struggle to get paid.
• I may be better off not going in on the Monday to get it sorted, loose 1 day rate to get improve terms.
• Returning the contract with amendments may be an option to allow me to continue to work.

thanks all