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Renewal - agency dragging feet

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    #11
    Originally posted by GJABS View Post
    Is there a problem with working for the client without having a written contract renewal in place?
    For me personally, I would be happy to continue to work, as long as there is a verbal contract renewal in place from the client, and the client is happy to sign one's timesheets. The worst that can happen is that the agent refuses to pay you on the basis that a written contract was never in place, but I would have thought that signed timesheets from the client would allow you to successfully sue the agent for payment on that basis, as this would imply that the signing of the timesheet is an implicit continuation of the contract.
    Though I accept I don't have proof that this is the case, and am going by a "common sense" rather than a legal point of view, hence there is risk here. Has this happened to anyone?
    Indeed, a verbal confirmation is legally binding, if the agency agrees that you keep on working and the client has allowed you on site you are entitled to be paid.
    I'm alright Jack

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      #12
      Originally posted by GJABS View Post
      Is there a problem with working for the client without having a written contract renewal in place?
      I think the main risk is the lack of insurance. E.g. suppose that I accidentally delete a database or trip over and knock a server on the floor. Who has to pay for that? This role is inside IR35, so I should be covered by the umbrella company's insurance, but I think they'd refuse to pay up if I'm out of contract.

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        #13
        Originally posted by hobnob View Post

        I think the main risk is the lack of insurance. E.g. suppose that I accidentally delete a database or trip over and knock a server on the floor. Who has to pay for that? This role is inside IR35, so I should be covered by the umbrella company's insurance, but I think they'd refuse to pay up if I'm out of contract.
        If there is really no contract then your agency will inform you and you won't work until there is a contract. If the agency says it's OK the contract will run from the first day after the previous one expired

        Normally the contract has been agreed and it's all about the formality of simply receiving the paperwork.
        I'm alright Jack

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