Umbrella signing contract on my behalf

[TheDude]

Since taking my first inside gig and working through my current agent I have never received or signed a contract renewal - the agent informs me that the umbrella signs this on my behalf.

I have searched the site but can't find any examples of this.

Is this standard - how can I be held liable for a contract I haven't even seen let alone signed.

[northernladuk]

Wow, you are really struggling with the basics of this stuff aren't you. You sure you are cut out to be a disguised permie?

Think about the chain of responsibilities from your though to the client and the relationships between all of the entities and it should answer your question. Hint. You are employed by the umbrella. Since when did any employee ever sign a contract for a client on behalf of their employer?

P.S We have an umbrella section so maybe better using that now you are having umbrella issues?

[TheDude]

Wow, you are really struggling with the basics of this stuff aren't you. You sure you are cut out to be a disguised permie?

Think about the chain of responsibilities from your though to the client and the relationships between all of the entities and it should answer your question. Hint. You are employed by the umbrella. Since when did any employee ever sign a contract for a client on behalf of their employer?

P.S We have an umbrella section so maybe better using that now you are having umbrella issues?

Employees sign contracts on behalf of their employer all the time.

My issue is not about signing - it is about rejecting.

[eek]

Since taking my first inside gig and working through my current agent I have never received or signed a contract renewal - the agent informs me that the umbrella signs this on my behalf.

I have searched the site but can't find any examples of this.

Is this standard - how can I be held liable for a contract I haven't even seen let alone signed.

Yep - it's standard - after all the umbrella are the people who need to agree the terms and sign the contract..

Given this question and your previous one I suspect both the agency and the umbrella need to improve their communications with you.

Edit - I should add that while I can see how things have played out with you looking at how the marketplace is changing I doubt this issue would occur in the future...

[northernladuk]

Employees sign contracts on behalf of their employer all the time.

My issue is not about signing - it is about rejecting.

But that is where your thinking is fundamentally wrong. They do but that is because that person will have the authority on behalf of their employer to do so. It's their job. The people actually doing the work for the client don't. The contract is still between the client and the employer, not with the employees that will actually be working on the client. Need to take a step back and look at the bigger picture and it will become clearer.

So the chain is client->agent->umbrella->you. You have no contractual relationship with the agent. Your umbrella does and then they provide you as an employee under their terms.

As Eek says though, you should be getting visibility of the contract to agree terms. The umbrella doesn't care so you should be getting eyes on it and advising the umbrella. For them to do the deed and keep you in the dark isn't smart. Renewals might be slightly different as it's a continuation of the terms but again you should have some skin in the arrangement as you are the one doing the work. The umbrella is nothing more than a payment vehicle at the end of the day.

[eek]

The umbrella is nothing more than a payment vehicle at the end of the day.

Not quite - (at the moment) the umbrella firm is your permanent employer, so perfectly allowed to sign a contract on your behalf...

What it shouldn't be doing is signing things without the agreement of the employee because that is just going to create the awkward scenario that is about to play out for TheDude , the end client, the agency and the umbrella 3 of whom have assumed that TheDude is happy to continuing working at the same rate..

* Again there are bits there to cover the fact the market is changing following the holiday pay ruling.

[BlasterBates]

The agency has a contract with the Umbrella company so they don't need your signature. The umbrella company probably doesn't care about whether you've signed a contract or not as they will only pay you for work done. It only becomes important to have your agreement if the terms and conditions change. I presume there is a notice period so if you wish to leave then just give notice.You will probably have been informed about the renewal and you didn't object.

[TheDude]

You will probably have been informed about the renewal and you didn't object.

Agency have claimed renewal is in pipeline for a few weeks but confirmation of renewal was received today - contract expires in two days time.

In the meantime I did what anyone without a firm offer would do and seek new contracts and have secured a role paying a much higher day rate which I can start in a few weeks time.

[northernladuk]

Not quite - (at the moment) the umbrella firm is your permanent employer, so perfectly allowed to sign a contract on your behalf...

What it shouldn't be doing is signing things without the agreement of the employee because that is just going to create the awkward scenario that is about to play out for TheDude , the end client, the agency and the umbrella 3 of whom have assumed that TheDude is happy to continuing working at the same rate..

* Again there are bits there to cover the fact the market is changing following the holiday pay ruling.

Indeed but in my mind they are just an employer to be able to provide payment services, nothing more. They don't do anything a normal employer would around looking after and growing it's employees. It's just a mechanism for a contractor to get paid that's inside. So yes they can sign the contract as that is the due process in the chain but fail at looking after the contractor, liasing with them and getting the nod to sign as a proper employer might.

Interested to see the changes you've aluded to coming to fruitition though.

[BlasterBates]

Agency have claimed renewal is in pipeline for a few weeks but confirmation of renewal was received today - contract expires in two days time.

In the meantime I did what anyone without a firm offer would do and seek new contracts and have secured a role paying a much higher day rate which I can start in a few weeks time.

You've basically acquiesced to the renewal when it was all verbally agreed. If the paperwork was an issue you should have told the agency. In my experience it is fairly normal for the paperwork to be late.

I don't see any problem you can negotiate a leaving date.