No contract = no timesheet?

**kaiser78** · 7 December 2012, 15:17

Originally posted by thelurker View Post

Doing work with client for over a week with no signed contract. School boy error as I thought this would be a formality.

Agency are not sending me a link to complete their online time sheet system until they have "senior management approval" to change from 28 days notice period to 14 days.

This linked to the notice period thread I have up on this forum.

Feel I am over a barrel with this one now?

Thoughts?

Cheers

You got one bit right and yes...

If the snr management approval is a formality then just wait for this and keeping hounding the agency until they have got this. You could also explain to the clientco and refuse to carry on working until you have a signed piece of paper, which could also cause clientco to resolve on your behalf as well.

**northernladuk** · 7 December 2012, 15:17

Starting work without a contract isn't a school boy error, it is poor business practice which has ramifications to your LTD as you can see.

You are going to have done well to get your terms changed once you have started as well.

You could kick up a fuss but with the hassle you have already caused I wouldn't advise this. Maybe just cross your fingers and wait.

What are you going to do if they don't approve 14 days?

Did you get it approved by QDOS et al?

**Wanderer** · 7 December 2012, 16:41

Originally posted by thelurker View Post

Doing work with client for over a week with no signed contract. School boy error as I thought this would be a formality.

Feel I am over a barrel with this one now?

Oh yes, it's really bad form by all parties (contractor, agency and client) to allow this to happen.

The mess has already started with the issue over the notice period. All this needs to be set out in writing before you start. What are you going to do if they produce a contract with loads of nasty clauses in it and the refuse to budge on removing them? What if they say "oh, that wasn't the rate - the rate is 20% lower than that".

I would start rattling some cages right now otherwise this will get out of control.

**Andy Hallett** · 7 December 2012, 16:45

Contract

This is quite common. The contract will likely be linked to the finance system and the agency will be reluctant to release the contract until the commercials are agreed.

Why not accept 28 day payments? This is pretty reasonable for a business to business relationship.

**Andy Hallett** · 7 December 2012, 16:49

Ah, scrub that - I mis-read that you were talking about notice period not payment terms.

The delay will likely be that the agency have to back to back it with their client. If they can only give 28 days to the end customer and you can give agency 14 days there will be a liability.

**BlasterBates** · 8 December 2012, 10:10

No you did the right thing. The fact that they´ve allowed you in and you are working is sufficient to bill them. No "Managment approval" won´t wash in this case.

Worst case is they don´t give management approval you leave immediately, but you can still bill them for the tme you´re there.

OF course the agency/client will try to get out of it but they´ll settle, they have to. Letting you work without pay would be case of fraud. Like going into a restaurant eating a meal and then claiming you didn´t have a written contract....this doesn´t wash.

**Contreras** · 8 December 2012, 10:35

Originally posted by BlasterBates View Post

No you did the right thing. The fact that they´ve allowed you in and you are working is sufficient to bill them. No "Managment approval" won´t wash in this case.

Worst case is they don´t give management approval you leave immediately, but you can still bill them for the tme you´re there.

OF course the agency/client will try to get out of it but they´ll settle, they have to. Letting you work without pay would be case of fraud. Like going into a restaurant eating a meal and then claiming you didn´t have a written contract....this doesn´t wash.

WBBS.

At the very least get the client manager to sign a paper timesheet (plenty of templates on the net or adapt one from a previous contract).

If they refuse to sign then explain that you will be withdrawing services until the contract gets sorted.

**SueEllen** · 8 December 2012, 14:49

I would sort this out by going in and telling the client on Monday that you are not working because the agency refuses to pay you. (You need to keep it simple so the client understands.)

Then withdraw your services but ensure the client has your mobile phone number so they can contract you.

Then contact the agency and say until the contract is sorted out and you are allowed to submit a timesheet you aren't working, and the client is aware that the agency are refusing to pay you.

It's amazing how quickly agencies sort things out when you tell the client you have a problem once you are already on site.....

**northernladuk** · 8 December 2012, 14:56

Originally posted by SueEllen View Post

I would sort this out by going in and telling the client on Monday that you are not working because the agency refuses to pay you. (You need to keep it simple so the client understands.)

There is simple to the point of being untrue...... Twisting the truth helps no one.

No contract = no timesheet?