Contract extension offered - not asked to sign
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    Question Contract extension offered - not asked to sign

    Agency have emailed a new Assignment Schedule over.
    They've not asked if I'm interested in extending, or asked me to sign it either. I find the approach a bit bizarre.

    I'm not going to respond yet, as I'm exploring other potential work that I'm interested in, and I'm keen to move on as the project is ending, and I'm not interesting in switching to any of the other projects running.

    But I was wondering - I assume an agency normally would report back to the client that they have secured a resource or not? And unless there's a signed document, then they haven't.

    I also assume that if I were to continue working into the period not covered by a signed assignment schedule, I'd be taking a huge risk, as the agency could simply refuse to pay me (if they wanted for some unknown reason), and I'd not have much of a leg to stand on?

    Not impressed by the agency generally - struggling to get an 40 days overdue invoice paid currently, though they always pay within 10 days, and have paid latest couple no problems.

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    So speak to them and sort it. They are just being lazy. A majority will continue so they are taking that as default.

    Not smart to not sign or at least mail back and accept but the contract is still in place becasue you turned up and they will pay so a contract does exist. Best to sort it properly of course.

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    I’ve had extensions like that. They offer, you accept by not responding. Read the contract to see what you must do.
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    Quote Originally Posted by Lance View Post
    I’ve had extensions like that. They offer, you accept by not responding. Read the contract to see what you must do.
    Contract says:
    "Term of the Agreement
    8.1. Subject to clause 3.4, this Agreement shall commence on the Start of Assignment date as set out in the
    Assignment Schedule and shall continue until -
    8.1.1. the End of Assignment date as set out in the Assignment Schedule, or
    8.1.2. terminated in accordance with any of the clauses 8.2, 8.3, 8.4 or 8.5

    "

    And the assignment schedule is defined in the contract as:
    "“Assignment Schedule” means the schedule agreed between the Employment Business and the Contractor
    for each Assignment containing the particulars of the Assignment and Services;
    "

    So if I don't agree the new one, via signing it or email or whatever, it's not valid, and therefore the contract ends on the end date of the current assignment schedule.
    Hence you'd think they'd be keen to actually ask me to sign the new one. Like I said though, they're fairly useless

    I'll leave them to it, and give them a kick if if this other potential contract doesn't pan out

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    If the project is ending then you should be talking to the client about what other work they have for you so you can decide whether to accept it.

    It could be the client has no further work and the agency has just assumed the contract will be extended, if they've done as much talking about it as they have with you and you with the client.

    As for the extension, you just need to email back saying if you accept/decline it. It's rare in my experience for an agency to chase up signed copies depending on their size and paperwork system. Don't just ignore it assuming that the contact will end if you don't reject the extension or the client would be happy with you messing them about at a late stage. Better to not burn bridges if you've had a successful contract.

    I'd be worried about the agency delaying payment for 40 days and counting. Regardless of how well they paid previously it only takes one late invoice to signal cash flow problems. Maybe they sent you the extension to hoodwink you into thinking all is ok if they're in newly found dire straits.

    Talk to the client so you at least know if they've approved the extension and what work they have in mind. Then choose whether to stay or go, or at least threaten to go (and 'down tools' in the meantime) if your invoice isn't paid asap.
    Maybe tomorrow, I'll want to settle down. Until tomorrow, I'll just keep moving on.

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    Indeed, what are the client saying? That should be your starting point, not the agency.
    Back to business!

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    If you work past the end date of your existing contract assignment end date, then you will be deemed to have made a tacit acceptance of the new assignment schedule.

    You need to contact the agent and inform them that you have not accepted the new assignment schedule, provided you are still within the original end date. Advise them that you are considering your options.
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    In general, it's what Scruff said. You turning up and working the day after your current end date is deemed as acceptance of the new contract including any amended Ts & Cs. If you intend not to take up the offer of an extension, it's generally considered good practice to give them a week's notice of "thank you for the offer but I've secured something closer to home, etc.".
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    Quote Originally Posted by yMyjgT View Post
    I also assume that if I were to continue working into the period not covered by a signed assignment schedule, I'd be taking a huge risk, as the agency could simply refuse to pay me (if they wanted for some unknown reason), and I'd not have much of a leg to stand on?
    Acceptance of contract by conduct. The precedent was set in the 19th century, so you'd have every right to be paid.

    When does the current assignment end? You don't have to indicate one way or the other, but if you keep working then you'ce accepted it.
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    Ah ok, I didn't realise that. Figured the paperwork was the be all and end all.

    End of current one isn't until a couple of months away, and the client would like to extend, and have asked agency to do so....but they've nothing that interests me particularly so want to move elsewhere if my other option pans out. I'll sit on it a bit until I know what's going on elsewhere, then make sure the client knows one way or other.


    And yeah, the overdue invoice is starting to annoy me severely and worry me slightly.
    They asked me today to re-issue the invoice with a different number....I think their systems their end are showing it as paid already or something. Not sure if that's acceptable from an accounting point of view for my company, but currently not intending to do that just because they've buggered their own systems up. I've issued an invoice, it's got a number, fix your own systems and pay it is my current stand point. Is this just being awkward for no good reason, or should I reissue the invoice?

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