contract signed, but client dithering on the start date

[Wanderer]

I think what happened is that basically the agent gave me a fake start date, signed up to it, got me to sign it, and is now manouevering to get me to try to persuade the client to honour it. In the process, creating a conflict between myself and the client, and potentially jeopardizing the whole contract.

Have a chat to your client and find out what the real story is. I wouldn't be so quick to blame the agent, I don't see that it's in their interest to mess people around like that.

Also, keep your options open with regards to other jobs. I wouldn't go telling the agent that you are still looking though, just keep making all the right noises otherwise they might use it as an excuse to dump you and get someone else (ie higher margin) in there instead.

[GB9]

3 working days later isn't the end of the world.

If you are worried there is more behind it then you should use this contract as a backup and find something better. Didn't you say you can cancel in the first 4 weeks?

[darmstadt]

I have a six-month contract with a large German company that I got through an agency, due to start on Friday. The agency sent me the contract signed by themselves, including a start date of Nov 1. There's an option for both sides to cancel in the first four weeks.

Where in Germany as the 1st of November is actually a bank holiday (*) in some states?

(*) Baden-Wurtemburg, Nord-Rhein Westfalen, Saarland, Rheinland Pfalz and Bayern

[tarbera]

The Agent

The client has asked to change the start date, but they have not demanded it as of now. So what I am going to do is email the guy directly and ask if I could come in on Nov 1 and just study the documentation and not get in the way, and work on my own laptop if necessary.

It's not an ideal situation but I'm keen to get this nailed down. I don't like a start date that keeps shifting. It can turn a written contract into nonsense. Worst-case scenario: they are setting me up as a backup candidate. Sounds paranoid, but I've seen a lot in my time.

The Agent knows your 1st question to client will be 'How was the go live' - he will say busy sorry we could not get your here on the 1st.

If you were coming to work for me and you emailed/asked above I would think you were a complete knob, do you want money for nothing you greedy B, as I have aready said I have a go live, Im busy, I dont want you here, and atually probably tell the agent to bin you.

see if it works for you

[darrenb]

Where in Germany as the 1st of November is actually a bank holiday (*) in some states?

(*) Baden-Wurtemburg, Nord-Rhein Westfalen, Saarland, Rheinland Pfalz and Bayern

Thanks, but it's not one of those states. Otherwise Nov 1 would not have been in the contract.

One thing the agent has suggested is to compromise and go for the Monday (Nov 4). I guess that could work.

On the positive side, all of this is a good test of how reasonable the client is. If they are not disposed to respect a contract they have signed, it is better to know now than later after I have done a ton of work for them.

[northernladuk]

On the positive side, all of this is a good test of how reasonable the client is. If they are not disposed to respect a contract they have signed, it is better to know now than later after I have done a ton of work for them.

I am not sure you can read that in to it. If the project/work isn't ready you aren't needed. I don't see how that can give you any indication on the client's reasonableness. You could argue that you are in contract as of the first but no work no pay. Same outcome really.

[kevpuk]

You could argue that you are in contract as of the first but no work no pay. Same outcome really.

That's an interesting point - could this not work in your IR35 favour? Contract in force, no work so not invoicing until there is some......
I suspect it would be far more salient mid-term or at the end, but......

[darrenb]

Update: the client has agreed to the compromise: a Monday morning start. The truth is, they need me just as much as I need them.

They had said they would be frantically busy with a rollout on Friday, but now they are saying the place will be empty and there will be nobody to open the door for me. The point about it being a public holiday in many parts of Germany is pertinent, I believe.

So it was probably innocent enough. Sometimes clients are just not that aware how important it is to establish trust at the beginning of a relationship. Messing with a start date is a big risk for both sides.

[Bellona]

Update: the client has agreed to the compromise: a Monday morning start.

Good luck on Monday. Enjoy