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out of contract but still on site

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    out of contract but still on site

    i am currently providing a service to a service provider on a customers site but i don't have a current contract. I have been told via email and verbally that due to process issues the contract paper work has not been raised but not to worry. However I have no confidence in the organisation and I am now half way through my 3rd week without being able to raise any timesheets.
    I have spoken to my line manager who understands my position and I'm not the only person in this position.
    What leverage can I use to get this mater resolved without making maters worse?

    #2
    Originally posted by DownButNotOut View Post
    i am currently providing a service to a service provider on a customers site but i don't have a current contract. I have been told via email and verbally that due to process issues the contract paper work has not been raised but not to worry. However I have no confidence in the organisation and I am now half way through my 3rd week without being able to raise any timesheets.
    I have spoken to my line manager who understands my position and I'm not the only person in this position.
    What leverage can I use to get this mater resolved without making maters worse?
    I was in this position some time ago, except the day the contract expired I was out, and spent three days on the bench until they raised a new contract. I guess you need to come to your own decision weighing up the risk of not getting paid if you stay vs the risk of the client deciding not to renew if you walk. I know what I'd do.

    Those who understand contract law better than me may feel you have a right to get paid anyway through a verbal contract, but I guess it depends who the verbal agreement came from, agent or client.

    Are you working via an agency?

    Comment


      #3
      My understanding is that if you're continuing to work, and they've continuing to let you, there's a deemed contract. Personally, however, I wouldn't turn up until the paperwork is in place.

      A few contracts ago, I didn't have a contract, but was told "Don't worry about it.". I insisted that I had a contract, and when it didn't turn up, neither did I.

      3 hours later I had an electronic copy of a signed contract. You'd be amazed how quickly agents move if they're going to be out of pocket / in trouble with their end clients.
      And the lord said unto John; "come forth and receive eternal life." But John came fifth and won a toaster.

      Comment


        #4
        contract woes

        Originally posted by b0redom View Post
        My understanding is that if you're continuing to work, and they've continuing to let you, there's a deemed contract. Personally, however, I wouldn't turn up until the paperwork is in place.

        A few contracts ago, I didn't have a contract, but was told "Don't worry about it.". I insisted that I had a contract, and when it didn't turn up, neither did I.

        3 hours later I had an electronic copy of a signed contract. You'd be amazed how quickly agents move if they're going to be out of pocket / in trouble with their end clients.
        legally you continue to work under the same terms and conditions of your previous contract however I have requested a rate change which has been verbally agreed. This obviously wouldn't stand in a dispute. I have threatened to walk if this isn't resolved by the end of the week. Problem is I have a new baby and a delicate mrs. I really need a bit of stablity. The bench beckons :-(

        Comment


          #5
          In the current market, I'd keep turning up till they stopped paying or binned me.
          Public Service Posting by the BBC - Bloggs Bulls**t Corp.
          Officially CUK certified - Thick as f**k.

          Comment


            #6
            Originally posted by Fred Bloggs View Post
            In the current market, I'd keep turning up till they stopped paying or binned me.
            WHS. What else are you going to do? Stay at home and definately not get paid?

            I really need a bit of stablity
            In contracting? Really? A contract doesn't really give you much more of this but know what you mean I guess.
            'CUK forum personality of 2011 - Winner - Yes really!!!!

            Comment


              #7
              Originally posted by DownButNotOut View Post
              i am currently providing a service to a service provider on a customers site but i don't have a current contract. I have been told via email and verbally that due to process issues the contract paper work has not been raised but not to worry. However I have no confidence in the organisation and I am now half way through my 3rd week without being able to raise any timesheets.
              I have spoken to my line manager who understands my position and I'm not the only person in this position.
              What leverage can I use to get this mater resolved without making maters worse?
              Hang in there. Just store any emails that you might have from the line manager confirming your extension. If you don't have anything concrete, send him an email saying that for your own company's official purposes you need to send him an email summarising the verbal agreement of the contract being extended.

              Comment


                #8
                Originally posted by b0redom View Post
                My understanding is that if you're continuing to work, and they've continuing to let you, there's a deemed contract. Personally, however, I wouldn't turn up until the paperwork is in place.

                A few contracts ago, I didn't have a contract, but was told "Don't worry about it.". I insisted that I had a contract, and when it didn't turn up, neither did I.

                3 hours later I had an electronic copy of a signed contract. You'd be amazed how quickly agents move if they're going to be out of pocket / in trouble with their end clients.
                That is what I'd do. Your problem is that from the service provider's point of view, everything is going fine (with the added bonus of not having to pay you) so they have got no incentive at all to change things.

                Comment


                  #9
                  Originally posted by AnthonyQuinn View Post
                  Hang in there. Just store any emails that you might have from the line manager confirming your extension. If you don't have anything concrete, send him an email saying that for your own company's official purposes you need to send him an email summarising the verbal agreement of the contract being extended.
                  WHS

                  Make sure it includes details of the agreed rate rise and, once you receive a response, make sure you have a copy in your own mailbox and not the client one you are using on site.

                  Comment


                    #10
                    All very well, and maybe the right thing to do in this market is to stay, but what does the word of the end client mean if (and it is still an if) the OP is going through an agent?

                    Comment

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