Working without a contract

[MattZani]

So, my contract ended at the end of March.

Way before the end of the contract I had a chat with my "manager" who anticipated there would be an extension.

Today, theoretically, I've just started my second week of the new contract. The only problems are:
- I still have to receive the new contract and of course the recruitment agent doesn't bother replying to my email
- I cannot submit my timesheet for last week onto the online portal of the agency
- The manager in charge of my contract (the one with whom I verbally agreed to the extension) is off this week.

What would you guys do?

*I have already talked to the hr department of the client and they said it's not their problem, it's just between me, line manager and recrutment agency.

I have this strange feeling I am working for free and I don't like it

[SpontaneousOrder]

I'd stay at home until it was sorted. Just need a new assignment schedule.

[Murder1]

All depends on how well you know and trust the client.

Most if not all of those on here would suggest downing tools and looking for another role immediately, however I've worked for a week with no contract but I knew the client extremely well and took the risk as I wanted to keep a potentially long-term relationship with the client sweet.

If your manager is off this week can you contact his boss and state that unless you receive guarantees you'll be paid you'll not be working?

[northernladuk]

You have an implied contract that will have the same terms as before as you have attended site and the client is happy for you to be there. That said, starting without a contract is a pretty silly thing to do and there is no need for it to get to that. Making it very clear to the agent and the client that you will not attend site without a signed contract will get it sorted. The client doesn't want to lose your time and the agent will certainly not want to lose his revenue stream. You have to make sure they know you will not attend though.

Make sure you have the agreement in an email so there is no chance they can turn around and say no later. It it's verbal there is always the chance they could say they didn't say it. Also send some pretty strong emails to the agent saying the situation is unacceptable and if the contract doesn't turn up by 'xx' date you will not be attending site.

[TheFaQQer]

What would you guys do?

Ring the agency rather than relying on email. If the agency don't know anything about an extension, then they need to discuss it with someone who might know about it.

Ask someone else senior on the project, who might know what is happening and / or make a renewal decision.

Then decide whether you want to keep working at risk, or whether you want to stop working while you wait for things to be sorted out.

I have this strange feeling I am working for free and I don't like it

You are working for free. It's whether there is any scope for you to get paid for past and / or future work which should concern you.

[MojoDog]

So, my contract ended at the end of March.

Way before the end of the contract I had a chat with my "manager" who anticipated there would be an extension.

Today, theoretically, I've just started my second week of the new contract. The only problems are:
- I still have to receive the new contract and of course the recruitment agent doesn't bother replying to my email
- I cannot submit my timesheet for last week onto the online portal of the agency
- The manager in charge of my contract (the one with whom I verbally agreed to the extension) is off this week.

What would you guys do?

*I have already talked to the hr department of the client and they said it's not their problem, it's just between me, line manager and recrutment agency.

I have this strange feeling I am working for free and I don't like it

While you're onsite I'm guessing they can bill the client for your time?

If you don't like the situation (which you say you don't) then I would suggest you call the agency and keep calling until you talk to someone. Tell them you're not prepared to work at risk and will be at home if they need you.

[VectraMan]

That's all very well, but if you don't work then you definitely won't get paid, whereas if you do, you probably will, assuming it's just admin/your manager being crap.

And if they try not to pay you, the fact you didn't have a signed contract doesn't mean you can't sue for the money. You'd have a pretty good case.

[JRCT]

That's all very well, but if you don't work then you definitely won't get paid, whereas if you do, you probably will, assuming it's just admin/your manager being crap.

And if they try not to pay you, the fact you didn't have a signed contract doesn't mean you can't sue for the money. You'd have a pretty good case.

If you bill weekly for your time, then surely you'd find out the answer pretty quickly.

[SueEllen]

So, my contract ended at the end of March.

Way before the end of the contract I had a chat with my "manager" who anticipated there would be an extension.

The "chat" should have been recorded in the form of an email. Even if the client manager decided not to answer you there are ways of showing s/he received the email. (And yes you have to use their printers.)

Secondly don't just email the agency get on the phone and call them every hour until one of the right people answers. No agency wants to go without their cut so if your particular agent doesn't answer then one of the directors of the agency will definitely answer you.

So get on the phone now and ask to speak to the director of your agency.

[psychocandy]

Had much experience of this at one client. Basically, despite loads of reminders they couldnt be bothered to sort extensions out.

They just had the attitude ok we'll sort it out when we can be bothered. Not helped by the fact that one or two contractors let them get away it.

I'd remind them for weeks but eventually, day before I'd tell manager I wouldnt be in. Manager would get resource manager to call me to say its ok its being sorted. Agency would call me and say its ok I can still turn up tomorrow.

I agreed to wait for the actual contract if either client or agent would send me email agreeing that an extension was on offer awaiting paperwork. Both parties accidentally on purpose forgot to send the email.

So I'd put my stuff in the car at 5pm. Word would get around and sometimes I'd have the same conversation with resource manager at 8pm and few hours later email would arrive. So I'd be back next day.

Once or twice, 10am next day they realised I wasnt there. Same conversation. This time manager more stressed and a bit annoyed. Get accused of not taking them at their word and told I should trust them (yeh right all I want is an email off you !). Both times hour later I'd get email.

It was like a game every three months. I'd remind them, turn down meeting requests after contract end date, cart my stuff around, and they'd do exactly the same every single time.

90% sure there would never have been a problem with payment but I didnt want to put myself in that situation. I knew full well that if I'd said ok sort it out later it never would have been sorted ever.

In fact, I got the email but the actual contract extension used to arrive in my in box about a week before the 3 months was up. But I was confident that in the event of any hassles I had the email in any case so wasnt bothered.