Still not got signed contract

[kingcook]

The situation is this... i've been working for Client via Agent through an Umbrella company for past 11 months (3 mth contracts keep getting renewed).

So since start of July, i started my own LtdCo and kicked the Umbrella.

My LtdCo still has not received a signed contract from the Agent. I have spoke to the Agent, and they say that the Client has yet to sign a contract with them.

So currently, there is no contract between Agent and Client (after 7 weeks) -- and therefore the contract between my LtdCo and Agent is sat on someone's desk.

I am getting paid and on time from the Agent though.

What should i do? Continue working as i am? Or demand a signed contract or walk?

[malvolio]

There is a contract in place - it's the same one you had when you were through the brolly, if you haven't set up a new one. Which is fine until something goes wrong...

That's becuase by doing the work and accepting payment for it, whatever was last on the table is what applies. Probably no harm done in this case (luckily the agency demonstrate their usual stupidity over contract law by not bothering to get their own act together), but don't ever do that again; no contract, no job. Simple.

[BolshieBastard]

The situation is this... i've been working for Client via Agent through an Umbrella company for past 11 months (3 mth contracts keep getting renewed).

So since start of July, i started my own LtdCo and kicked the Umbrella.

My LtdCo still has not received a signed contract from the Agent. I have spoke to the Agent, and they say that the Client has yet to sign a contract with them.

So currently, there is no contract between Agent and Client (after 7 weeks) -- and therefore the contract between my LtdCo and Agent is sat on someone's desk.

I am getting paid and on time from the Agent though.

What should i do? Continue working as i am? Or demand a signed contract or walk?

If there's no contract between client and agency, I just wonder why the client pays the agent. Then, I wonder why they pay you!

Funny old world, isn't it?

[kingcook]

There is a contract in place - it's the same one you had when you were through the brolly, if you haven't set up a new one. Which is fine until something goes wrong...

That's becuase by doing the work and accepting payment for it, whatever was last on the table is what applies. Probably no harm done in this case (luckily the agency demonstrate their usual stupidity over contract law by not bothering to get their own act together), but don't ever do that again; no contract, no job. Simple.

I could be in the 5h1t then, as i declared myself outside IR35 since starting LtdCo (obviously was inside when via Umbrella). That's another topic though

So... my previous contract duration was for 3 months, with 02/07/2010 as the end date. Does the new "deemed contract" have an end date?

[kingcook]

If there's no contract between client and agency, I just wonder why the client pays the agent. Then, I wonder why they pay you!

Funny old world, isn't it?

Yes it is Agent has said to me that the client are really slow at paying (60 days).

[ASB]

I could be in the 5h1t then, as i declared myself outside IR35 since starting LtdCo (obviously was inside when via Umbrella). That's another topic though

Why do you say "obviously inside" ? On the assumption that it was a regular brolly and you were on PAYE then IR35 doesn't come into it.

[kingcook]

Why do you say "obviously inside" ? On the assumption that it was a regular brolly and you were on PAYE then IR35 doesn't come into it.

Yes - you are correct

[thunderlizard]

I would say don't upset the apple-cart while you work your last month of your current (non-)contract. Get a signed contract before you start work on your next 3-month block.

[kingcook]

Got the contract just -- woooooo!!

Ended up emailing Agent + HR Dept + IT Manager, and reminded them i'd been onsite for 7+ weeks with no contract.

Client soon shifted

[northernladuk]

Got the contract just -- woooooo!!

Ended up emailing Agent + HR Dept + IT Manager, and reminded them i'd been onsite for 7+ weeks with no contract.

Client soon shifted

Reading back your next job is to read and understand IR35 and apply that knowlede to your contract and working conditions.