Contract renewal terms

[davering]

Hi, this question may have been answered elsewhere in the forums, but I haven't been able to find anything...

I've been contracting through an agency for the last year, with today being the final day of the contract. They have told me verbally that they are renewing the contract for another year, at a higher rate, which I told them I would be accepting. However, as yet I have received no written contract.

However, I have just been offered a contract via another agency for a much better role with a higher day rate, who want me to start ASAP. What I'm uncertain of (and have found conflicting advice about online) is whether carrying on past the end date of the current contract means I am still bound by the terms, specifically notice period, or whether the lack of a contract means I am not bound by any terms so will have more leeway in negotiating an end date?

Also.... if, when I hand in my notice this week, they just let me continue until the end date without a written contract, where would I stand with regard to the higher day rate they said they would be offering me from tomorrow?

If anybody could clarify these points for me I'd be most grateful!

[cojak]

Hi, this question may have been answered elsewhere in the forums, but I haven't been able to find anything...

I've been contracting through an agency for the last year, with today being the final day of the contract. They have told me verbally that they are renewing the contract for another year, at a higher rate, which I told them I would be accepting. However, as yet I have received no written contract.

However, I have just been offered a contract via another agency for a much better role with a higher day rate, who want me to start ASAP. What I'm uncertain of (and have found conflicting advice about online) is whether carrying on past the end date of the current contract means I am still bound by the terms, specifically notice period, or whether the lack of a contract means I am not bound by any terms so will have more leeway in negotiating an end date?

Also.... if, when I hand in my notice this week, they just let me continue until the end date without a written contract, where would I stand with regard to the higher day rate they said they would be offering me from tomorrow?

If anybody could clarify these points for me I'd be most grateful!

Finsh your current contract and don't go back the next day.

If you go back it gets much messier as they'll say that you accepted the extension and you may not get a money for the days worked.

[Willapp]

My opinion is that until/unless you've got a signed contract for the extension, then your current contract finishes on the date specified and you don't go back, end of story. However in the interest of good client relations, I would certainly make them aware of this so you don't just fail to turn up one day - when agencies are involved it's quite possible the client might think you've agreed the extension despite you having no signed contract from the agency to confirm it.

That being the case, take the other contract if it's a better opportunity, finish up your current gig and move on.

[davering]

Thanks for the advice. However, the problem lies in the fact that I have a very good working relationship with the end client and may wish to work with them again in the future. Leaving them in the lurch by walking out today without notice, and sufficient time to handover, could damage that relationship.

The new agency is prepared to wait a month - the reason I am asking the questions above is that the current agency asks for 2 months' notice. I'm trying to find out whether they could legally hold me to that.

[cojak]

Thanks for the advice. However, the problem lies in the fact that I have a very good working relationship with the end client and may wish to work with them again in the future. Leaving them in the lurch by walking out today without notice, and sufficient time to handover, could damage that relationship.

The new agency is prepared to wait a month - the reason I am asking the questions above is that the current agency asks for 2 months' notice. I'm trying to find out whether they could legally hold me to that.

So why didn't you start your handover last week? I do see you partly responsible for this situation.

As for your issue, just tell them that you will accept a single 1 month contract that will end 30 days from now.

The agency is just trying it on as they can see their commission disappearing.

[davering]

I didn't do the handover last week because the other offer only came through by phone at 7:30pm on Friday night.... it was from an interview I had a month ago but had assumed was unsuccessful.

I will do as you suggest - tell them I'll accept a one-month contract in writing and see how it goes :-)

[kingcook]

I didn't do the handover last week because the other offer only came through by phone at 7:30pm on Friday night.... it was from an interview I had a month ago but had assumed was unsuccessful.

I will do as you suggest - tell them I'll accept a one-month contract in writing and see how it goes :-)

There's no way i'd do a 1 month contract in this situation. Sure, the new agency have said they'd wait a month. An agent's word means f'all. Take the other/new contract ASAP, IMO.

Maybe accept a 1 week extension as a favour, but certainly not 1 month. Anything can happen in that amount of time.

[Wanderer]

I have a very good working relationship with the end client and may wish to work with them again in the future. Leaving them in the lurch by walking out today without notice, and sufficient time to handover, could damage that relationship.

If you haven't signed a written contract then you are free to go at the end of your current contract in my view.

You are right to stay on good terms with them though so go and talk to the client straight away. Tell them that you've got a better offer and you aren't going to extend but you are willing to do what it takes to complete an orderly handover. In reality, you want to be out of there in a week or so.

[TheFaQQer]

I didn't do the handover last week because the other offer only came through by phone at 7:30pm on Friday night.... it was from an interview I had a month ago but had assumed was unsuccessful.

I will do as you suggest - tell them I'll accept a one-month contract in writing and see how it goes :-)

Whether or not you had something else to go to, starting a hand-over last week would at least have put it in mind to sort out an extension for you.

I'd be wary of expecting the new client to wait for you - have they said it to you, or are you going on what the agent tells you??

[Scrag Meister]

If you wanted to stay where you are, you should have been chasing for the extension contract and written confirmation of the extension offer way before now.

To be honest I would be tempted to take the move as it is the only concrete thing you have at the moment.

Invaluable learning process for your current client.