Reply to: Delayed contract start due to incompetence of on-boarders - who foots the bill?

[BrilloPad]

I refused to sign until onboarding checks completed. Mostly due to HireRite being totally incompetent.

Its a business risk. If you can't accept it, become a permie. Though often onboarding for a permie is no easier : and often more difficult.

[BlasterBates]

And whether the agency will do that depends on their contract with the on-boarding company.

Well the agency won't be able to bill the on-boarding company either, they would bill the client, and that aint going to happen.

[SueEllen]

Obviously you would like the on boarding company to pay, but you can't bill them. The problem is that your contact is with the agency, so you need to bill the agency, and get them to bill the client. No harm in requesting reimbursement from the agency.

And whether the agency will do that depends on their contract with the on-boarding company.

[FrontEnder]

I've refused to sign contract amendments before. In my case the agent knew I had informed the client of their behaviour so said nothing each time I told them I wasn't signing their bulltulip.

Of course, it depends what the amendment is, so not saying this would automatically be a bad thing in the eyes of the client. In this case it's moving the start date back 1 day when he hadn't even started yet. It would sound incredibly petulant to me.

[BlasterBates]

Obviously you would like the on boarding company to pay, but you can't bill them. The problem is that your contact is with the agency, so you need to bill the agency, and get them to bill the client. No harm in requesting reimbursement from the agency.

[MrMarkyMark]

Actually, I just realized my current one was delayed by 2 weeks until they had the contract how I wanted it.

Over the years I have had 3.5 years and counting worth of work from this current client.

I'm sure if I had thrown my toys out of the pram for their poor choice of HR outsourcing, or something else in the past, I wouldn't have got them calling me directly for work.

Also, not many places where I can earn a nice rate sat on my harris at home

[SueEllen]

You've refused to sign a contract amendment already. If the client hears of this they'll already have you down as someone who's being difficult, so you're not off to a great start.

I've refused to sign contract amendments before. In my case the agent knew I had informed the client of their behaviour so said nothing each time I told them I wasn't signing their bulltulip.

In this case it is stupid to make a fuss over one day as the OP gets the day back at the end of the contract.

Also if you make a fuss over starting late then when the client tells you there is no work to do or there are admin issues so please don't come in for a few days the OP is going to have a hissy fit. The fact that your contract is extended in 99% of cases after this as the issues are due to a third party will bypass the OP.

[northernladyuk]

I am due to start a new contract this week. I signed the initial contract over two months ago and have completed all the required on-boarding checks as soon as any have been presented to me. Due to the incompetence of the on-boarding agencies however, these checks were not confirmed to have been completed in time for me to start my contract on the agreed date (believe me, both I and my agency have chased this at every turn over the last few weeks, but the sheer incompetence of the relevant on-boarding agencies is quite staggering).

The on-boarding agencies have finally confirmed they're ok to let me on site, but I was unable to start on the agreed date. I don't see why I or my company should be penalised financially for this delay.

I have also this evening been asked to sign an amendment to my contract stating the start date as tomorrow. So far I am refusing, as I do not want this to be taken as my acceptance of the delay and therefore a waiver of a billable day.

From what I understand (I'm joining a rather large organisation), I'm not likely to be the only one in this position.

What is my best course of action? Advice appreciated.

(Out of interest, the on-boarding process commenced in late March, and both I and my agency have been scrupulously prompt in providing all required information and completed forms throughout).

Invoice the agency for the day and if they don't pay, start dunning. If you give them an inch now, they will take a mile later.

[MrMarkyMark]

For me it's about the relationship you want to build with the client.

And can I go back to the one day thing again? When I was hiring contractors, if this happened I honestly think I'd tell them to get lost and I'd hire someone else from the pile of 100 CVs I had in front of me who I'd believe in the long run wouldn't cause me issues every week.

I'd certainly be thinking twice in 3 months when renewal times comes up.

My current contract was delayed for 3.5 weeks, I took it on the chin and accepted it gracefully. 2 months in I've got an extension on that initial 3 month contract to the end of the year. Sometimes it pays to keep cool and assess the situation for what it really is.

Which in your case may be the very slight ineptitude of the onboarding team, but I bet the real answer is more like they are just f****** busy.

In this game, repeat business is how you make consistent good money, especially when times are hard.

[l35kee]

For me it's about the relationship you want to build with the client.

And can I go back to the one day thing again? When I was hiring contractors, if this happened I honestly think I'd tell them to get lost and I'd hire someone else from the pile of 100 CVs I had in front of me who I'd believe in the long run wouldn't cause me issues every week.

I'd certainly be thinking twice in 3 months when renewal times comes up.

My current contract was delayed for 3.5 weeks, I took it on the chin and accepted it gracefully. 2 months in I've got an extension on that initial 3 month contract to the end of the year. Sometimes it pays to keep cool and assess the situation for what it really is.

Which in your case may be the very slight ineptitude of the onboarding team, but I bet the real answer is more like they are just f****** busy.

[MrMarkyMark]

There is no recourse, the contract will state it doesn't start until pre-employment (I know we all hate that word but it's the term screeners use) checks are complete, so you can't claim for loss of earnings on a contract that hasn't started.

Although I assume you were still looking for other roles in that two months before you bum is on a seat............. right?

This +1.

Plus, if you are willing to risk the whole thing over 1 days billing you are being a tad foolish, IMO.

[Bee]

*IF* there is a practical legal recourse for this (e.g. no clauses that cover late start, no timesheet clause etc) then I think it would still not be worth it to pursue this.

The recourse through the courts is to sue the agency. If I was that agency, being taken to court by a contractor (or even the threat of going to court) would make the position untenable.

So you're risking the whole contract for 1 days worth of billing. You say the agency have done all they can, but it's the fault of a 3rd party. Take it on the chin and move one and maintain a good relationship and you might be lucky with a rate increase at extension. Be all arsey over 1 day and that's less likely.

You've refused to sign a contract amendment already. If the client hears of this they'll already have you down as someone who's being difficult, so you're not off to a great start.

Exactly, that's why I mention in my first post the relations between the client and the agency. Sometimes we need to think the reasons behind the problem and evaluate the risk.

[InsertWittyNameHere555]

There is no recourse, the contract will state it doesn't start until pre-employment (I know we all hate that word but it's the term screeners use) checks are complete, so you can't claim for loss of earnings on a contract that hasn't started.

Although I assume you were still looking for other roles in that two months before you bum is on a seat............. right?

[FrontEnder]

*IF* there is a practical legal recourse for this (e.g. no clauses that cover late start, no timesheet clause etc) then I think it would still not be worth it to pursue this.

The recourse through the courts is to sue the agency. If I was that agency, being taken to court by a contractor (or even the threat of going to court) would make the position untenable.

So you're risking the whole contract for 1 days worth of billing. You say the agency have done all they can, but it's the fault of a 3rd party. Take it on the chin and move one and maintain a good relationship and you might be lucky with a rate increase at extension. Be all arsey over 1 day and that's less likely.

You've refused to sign a contract amendment already. If the client hears of this they'll already have you down as someone who's being difficult, so you're not off to a great start.

[WTFH]

So, did you sign the contract or not?
Is there a probationary period in it?
Are there any clauses in it which allows the client or agent to terminate you with little notice?