Can you start tomorrow

[Hiram King Of Tyre]

I have just received the contract now....

[mudskipper]

I've been given verbal confirmation that I have secured a gig but currently have no contract. Tomorrow is the pencilled in start date. I'm resisting at the moment as I usually get my contract reviewed by Qdos which takes 3 days. My preference would be not to start until next week anyway.

It is being suggested that I could start anyway and that we can backdate the contract once agreed. (They are still promising a draft today)

Has anybody actually experienced this before? I'm kind of guessing that I'll be slated on here for even asking but I thought I would anyway.

I did this - there was only a one day overlap window with the outgoing dev, so if I hadn't, I wouldn't have got a handover. I agreed to do just the one day then wait for the contract - as it was it came through that day anyway.

[stek]

What I don't get is what does it matter what the contract says when it's working practices that matter?

[zoco]

They even offered this on a Saturday once. Can't be bothered to find the thread..

Here it is

[Hiram King Of Tyre]

What I don't get is what does it matter what the contract says when it's working practices that matter?

It's both that matter. My concerns aren't just IR35 related though, I have some other questions on the contract that I have asked but they aren't answering now.

[Hiram King Of Tyre]

Thanks for that Zoco. The contract itself is pretty simple. I have had every contract I have done reviewed by Qdos so won't sign it until they have given the green light anyway.

[TheFaQQer]

What I don't get is what does it matter what the contract says when it's working practices that matter?

Because if the contract doesn't include a RoS clause, then it's hard to argue that one exists.

Also, the contract may include things like monthly invoicing and payment on 120 day terms. It's not just about IR35.

[stek]

Because if the contract doesn't include a RoS clause, then it's hard to argue that one exists.

Also, the contract may include things like monthly invoicing and payment on 120 day terms. It's not just about IR35.

I see the point but also the fact is 9 times out of 10 the client won't accept a sub, especially as in most places where you sit around waiting for logins, lappy, access badge etc.

Working practises make it unfeasible, especially given the short term of most contracts nowadays.

I agree best to cover all bases but part of me says what's the point, especially since I've been contracting since 1992 or so and only since coming here have I ever bothered with contract checking.

[Ticktock]

QDOS have posted on here a number of times when people are in Kings situation and personally assured they would do it immediately. They even offered this on a Saturday once. Can't be bothered to find the thread.

Maybe it differs between the free and the purchased one and whether it is a full review or just a contract check. Still worth picking the phone up and asking.

I was using one of my free reviews, I called them as I received the contract on a Thursday, for a start the following Monday. I was charged £30 plus VAT for the review. This was about 5 months ago.

I don't have a problem with that - it's a small amount. I just wanted to highlight that it may be chargeable.

[TheFaQQer]

I see the point but also the fact is 9 times out of 10 the client won't accept a sub, especially as in most places where you sit around waiting for logins, lappy, access badge etc.

Working practises make it unfeasible, especially given the short term of most contracts nowadays.

I agree best to cover all bases but part of me says what's the point, especially since I've been contracting since 1992 or so and only since coming here have I ever bothered with contract checking.

Generally, I agree. Most agencies have a reasonably IR35-friendly contract, but some have some nasty clauses in that I would want to check before I accepted it. I had one contract which named me personally, had the individual as being liable, poor payment terms, no RoS, etc. etc.

Of course, if I opted out, then that could be changed.