Contract - Unsigned and different dates

[Adamski]

Hi all...I signed a 3-month contract with my agency for a gig am have got three weeks left to go. I've just been told by the client that they never received the signed contract from my agency, and also that the end date has passed (apparently it was a 2-month contract). The contract I have between me and my agency details my start and end dates and is definately a 3-monther. I've had no probs so far with payment etc. Termination periods...If I want to leave - 1 month notice (I know I know). If client wants to terminate - 1 week. With only 3 weeks to go, my line manager is asking me what my workload is etc. He knows I won't renew at the current rate so will def be finishing, but does all this sound a little dodgy or am I worrying about nothing. Just means that I'm currently not working under contract. If the client terminates immediately, would my agency still be obliged to pay me for a week?

Thanks

[ratewhore]

You DO have a contract - with the agency. They are legally bound by that contract so if there are any cashflow problems, you take it up with the pimp, not the client...

[Bluebird]

sounds like you ARE working under contract - agency is liable to pay you whether they get paid by the Client id their look out.

[Adamski]

Yeah I see what u mean. I AM under contract, but my client could technically make tomorrow my last day. Assuming that agency also gave me notice tomorrow, I would still get paid a week for doing "nothing"?

[Bluebird]

If the agency can give you a notice period of 1 week, and they do then they have to pay you for a week regardless of whether you actually do any work or not - thats really up to the agency and client.

I remember a few years back being on a project that got canned, the same day all the contractors were told to leave by the client but all had one month termination clauses - so we all got paid for that month whilst we were looking for new work - upshop was for a fortnight I was actually getting paid twice !!

[Adamski]

Thanks guys...!!! Feel a bit better now but was panicking a little...think it was more the surprise than actually finishing a little earlier...cheers again

[Bluebird]

don't forget if you do get terminated - get your invoice in for the remaining period ASAP and note on your invoice the terms of invoice [ i.e. payment due within 28 days etc ].

[Adamski]

An update on the situation. Client wants me to stay until the end of the month (Wed 28th Feb) but contract that I have with agency states end date of 2nd March. I know it's only 2 days but to be honest I'm a bit pi$$ed off at the hassle factor and not being able to get contract dates correct. Anyway, agency TOLD me that they would be sending an amended contract out. Should I just accept this? Technically it makes no difference as they could just give me a weeks notice on the 21st for me to end on the 28th, but it's the princple isn't it? Or should I just roll over for an easy life and accept the amended contract? Does it affect me at all?

[PAG]

Or should I just roll over for an easy life and accept the amended contract? Does it affect me at all?

My personal choice, go fo rthe easy life option. Specially when it is only 2 days involved. I would actually now spend all my effort on looking for a new gig.

[TheFaQQer]

Should I just accept this? Technically it makes no difference as they could just give me a weeks notice on the 21st for me to end on the 28th, but it's the princple isn't it? Or should I just roll over for an easy life and accept the amended contract? Does it affect me at all?

Depends how much your daily rate is.

If they forget to give you notice, then invoice them for the time until the end of the contract.

That said, you might be able to argue that you are taking some financial risk of the project finishing early, and help your position for IR35.

Personally, I wouldn't accept a "revised" contract that the agency sent out - keep your copy. They can't force you to accept the new one, since that counts as an abuse of a dominant position. I'd invoice and see what happens.