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Due to start on Monday - haven't seen a contract yet

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    #11
    Yeah but... no work = no pay. I'd be inclined to go anyway, but make it clear that you're not going to continue more than a few days without seeing that contract. The worst case is that you don't get paid for the work you do, but not going means you've thrown away a couple of days income to laze around at home.
    Will work inside IR35. Or for food.

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      #12
      If you started on Monday on one of my projects and "made it clear" to me that you were working on sufferance while you sorted out your contractual details, I'd send you home anyway and go find someone with a bit of intelligence. If, however, you told me you can't start becuase the agency is screwing around, I'd be telling the agency to get their act together now or not send me any more candidates ever again.

      Which is the most beneficial to your long term earning power do you suppose?
      Blog? What blog...?

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        #13
        Make it clear to the agent. You don't need to involve the client, unless you want them to put pressure on the agent. After all your contract is with the agent, not the client.

        I understand the point, but I would go for the option that earned the money and have faith that everything would get sorted out. The agent is going to want to start getting their money for nothing; it's in no-one's interest to delay.
        Will work inside IR35. Or for food.

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          #14
          Originally posted by VectraMan
          Make it clear to the agent. You don't need to involve the client, unless you want them to put pressure on the agent. After all your contract is with the agent, not the client.

          I understand the point, but I would go for the option that earned the money and have faith that everything would get sorted out. The agent is going to want to start getting their money for nothing; it's in no-one's interest to delay.
          The problem with only speaking to the agent (or speaking to the agent first) is that I am immediately at a disadvantage as I have no idea what reason the agent will give the client for me not starting as planned, they could come up with all sorts of excuses that show me in a bad light.

          However I am not keen on the idea of just ringing the client and not turning up on day one. I am inclined to go over there (only about 25 minute drive) as expected and explain the situation the client, including telling him that I will be unable to start until I have seen (and had a chance to review) the contract. So I'm down a gallon or so of fuel but I prefer to do business face to face.

          I really can't see me being able to start work until the following week now - once I do receive the contract I will need time to review it myself and if necessary send to B&C for a sanity check.
          Do what thou wilt

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            #15
            Sensible approach. Let us know how it goes!
            Blog? What blog...?

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              #16
              I would just go, as long as the rate and hours are agreed, if the contract turns out to have some crazy clauses (highly unlikely) then you can start complaining, why lose money and potentially the contract.

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                #17
                Update

                Right that all went very well I think. Went to client site, spoke with client who was entirely understanding and very professional about it all.

                Client and I spoke with the agency there and then on a conference line.

                Net result is that agency will send copy of contract out asap, client happy to wait whilst I get it reviewed. Client expressed "displeasure" with agency (have had probs before apparently). I came away (quite rightly) smelling of roses .

                Thank you to all who offered advice. In the end I used a mix of that and my own gut feelings about how to deal with a potentially tricky situation.

                Obviously I'm not impressed to be losing money through no fault of my own however at least this way I'll be working with a contract that I'm clear about and the client is not being mucked about (by me anyway).
                Do what thou wilt

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                  #18
                  i'm in a similar situation. finish at current client today and am supposed start at new client tomorrow. got no contract yet though. i don't doubt it will arrive as the new end client is having a litter.

                  i was going to go in anyway but the weather is too good and i fancy a few days work in the garden...

                  the start date is just going to have to go out a week.

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                    #19
                    Originally posted by Dark Black
                    Right that all went very well I think. Went to client site, spoke with client who was entirely understanding and very professional about it all.

                    Client and I spoke with the agency there and then on a conference line.

                    Net result is that agency will send copy of contract out asap, client happy to wait whilst I get it reviewed. Client expressed "displeasure" with agency (have had probs before apparently). I came away (quite rightly) smelling of roses .

                    Thank you to all who offered advice. In the end I used a mix of that and my own gut feelings about how to deal with a potentially tricky situation.

                    Obviously I'm not impressed to be losing money through no fault of my own however at least this way I'll be working with a contract that I'm clear about and the client is not being mucked about (by me anyway).
                    Brillliant result. Strike one for professionalism!
                    Blog? What blog...?

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                      #20
                      I moved from Giant to a Limited company on 6 April, finally got my contract through from a well known agency today (in my 3rd month there, 2 with Giant). Needless to say the contract was crap - misspelled the name of my company and even managed to put my daily rate as my weekly rate + several other issues.

                      The small print states I have accepted the contract if I am working at the client's address.

                      I sent an email to the agency tonight stating everything I found unsatisfactory in the contract and that my presence at the client's address should not be deemed acceptance of the contract, but if they (the agency) felt it was then I was perfectly happy to advise the client that I would not be able to work for them again until a satisfactory contract is agreed and errors within the contract corrected.

                      Are all contracts such a pain in the proverbial?

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