Reply to: Last minute contract renewal with worse terms

[SussexSeagull]

Ring the client up first and just say there is an issue with the paperwork due to the agency not sending it to you in time for you to review it but once that is sorted you be back in.

Then speak do not email the agent. Leave a message if need be telling the agent the contract needs to be sorted and the client is aware you can't go in until it's sorted.

That would work.

[LondonManc]

Get in touch when? When he is sitting at the desk on the client site having accepted the terms? The timings are pretty key here. Crossing them out but attending site without the agent seeing the new terms isn't going to work as already pointed out.

Before going in. On the way home from an "interview". From the coffee shop over the road from work. Anywhere except work.

[northernladuk]

Agent appears to have issued a fire and forget screw job to OP.
Quite how NLUK think's it is OP's fault, I'm not sure. Contract renewals vary by, and even within, clients and are very much based on the hiring manager.

Ok maybe it being his fault is arguable but the OP has plenty of position power to wield and has a responsibility to not let this end up being sorted 5 mins before the agent goes on holiday.

In many cases, as we have seen on here, a clear message to the agent that you will not attend site unless a contract appears in reasonable time will kick an agent in to shape and a contract will appear. To sit there waiting until one appears then I think you can argue the OP is at fault.

It has been pointed out that this isn't always possible but he should have still done everything he could.

Assuming OP has a good working relationship with the client then I would personally cross out the parts that have changed and get in touch with the agency to ask them why they changed them.

Get in touch when? When he is sitting at the desk on the client site having accepted the terms? The timings are pretty key here. Crossing them out but attending site without the agent seeing the new terms isn't going to work as already pointed out.

[LondonManc]

Agent appears to have issued a fire and forget screw job to OP.
Quite how NLUK think's it is OP's fault, I'm not sure. Contract renewals vary by, and even within, clients and are very much based on the hiring manager. Assuming OP has a good working relationship with the client then I would personally cross out the parts that have changed and get in touch with the agency to ask them why they changed them.

[psychocandy]

I would agree - I think agent knew what they were doing changing the terms at the last minute. They were hoping you wouldn't notice or just turn up anyway - job done for them.

BUT, those terms are not the end of the world if you ask me. Depends how much you like the gig anyway I guess.

If you hate it and were thinking of leaving anyway, then do as others have said and don't turn up today. Or if you fancy another day off and want to wind the agent up for a bit of fun.

If it was me, and it was a decent client, I'd let it go for these terms. If this was something the agent had done before, and needed reigning in, I'd take the extra day off. Chances are agent wouldnt do it again after being caught this time.

[northernladuk]

I wonder if we will get an update

[BlasterBates]

Basically when you agreed verbally to a renewal the assumption would be on the same T&C's as before. Provided that you inform the agency you don't agree with thew new conditions in an e-mail or in writing, then the original T&C's stand until you and the agency agree on new ones, given that they didn't inform you in good time.

I don't see any point in not going in as you simply lose revenue.

Simply by turning up you are not agreeing to the new terms and conditions, provided that you inform them of that.

If there was a row about your rate I think that would probably justify not going in to apply pressure, but not for notice periods or payment terms.

[SueEllen]

Sounds like they either hoped you didn't notice or would feel compelled to turn up on Monday.

I would personally e-mail them to ask to get the terms changed (if you are that worried about them) and won't be going to the client site until they are. Also point out you will be ringing the client to apologise.

Ring the client up first and just say there is an issue with the paperwork due to the agency not sending it to you in time for you to review it but once that is sorted you be back in.

Then speak do not email the agent. Leave a message if need be telling the agent the contract needs to be sorted and the client is aware you can't go in until it's sorted.

[Boney M]

2. Take a copy of the contract. Cross out all the terms you disagree with on the original, sign the original and return it to the agency. In the mean time get the terms you disagree with worded properly and negotiate with the agency. OR

Just do that and you wont lose a day rate for nothing and it gives the mickey the whole day tomorrow to decide whether he wants you in on tuesday or change the contract

[SussexSeagull]

Sounds like they either hoped you didn't notice or would feel compelled to turn up on Monday.

I would personally e-mail them to ask to get the terms changed (if you are that worried about them) and won't be going to the client site until they are. Also point out you will be ringing the client to apologise.

[NotAllThere]

Understood and agreed. Except for one small point.

Just to add that some clients/agents like to leave negotiations until the last minute so any amount of harassment does not work..

Not turning up because you've not agreed the contract tends to work exceedingly well. The beauty of it is that it is just as effective after the last minute.

The only downside is the chance they may ditch you. But given the effort required to recruit even a bum-on-seat contractor, in my view it's very low risk - and even if it wasn't, working on a sub-optimal contract is not good for (my) business.

[BrilloPad]

It does appear to be the case doesn't it but there is a responsibility on the OP to make sure this doesn't happen. Some stiff words with the agent about not turning up (i.e. agent doesn't get his slice either) on the first day would have had a contract appearing in a much more timely fashion. It's only got underhand because the OP has allowed it to do so.

If they were being underhand I'd agree a bit of like for like could be in order but if the agent is shut then I am sure just sending it back and turning up before the agent has seen it will not work and just end up in a real bun fight and nothing good can come from it.

Understood and agreed. Except for one small point.

Just to add that some clients/agents like to leave negotiations until the last minute so any amount of harassment does not work. I agree about what you suggest telling the agent. It does not always work. The OP might have had little choice in the matter.

I was recently approached by agent 5 months before end date about renewal. I don't believe I will see the confirmation until 17:35 the day before the contract renews. That was what happened at the start of the contract. Its slightly different as I had seen the contract weeks before

[northernladuk]

I was going to ask about talking to them!

I know I argue with NLUK about whether this sort of behavior is "just business" or "underhand". This case looks to have strayed into the under-hand category.

Amending contract then returning it to them while they are closed looks even more attractive. IMO.

It does appear to be the case doesn't it but there is a responsibility on the OP to make sure this doesn't happen. Some stiff words with the agent about not turning up (i.e. agent doesn't get his slice either) on the first day would have had a contract appearing in a much more timely fashion. It's only got underhand because the OP has allowed it to do so.

If they were being underhand I'd agree a bit of like for like could be in order but if the agent is shut then I am sure just sending it back and turning up before the agent has seen it will not work and just end up in a real bun fight and nothing good can come from it.

[NotAllThere]

Oh I should mention that as soon as they sent the contract the agent closed up for the year. So I am unable to talk to anyone until Monday.

If you don't want to follow BrilloPad's suggestion, call the client on Monday, telling them you can't come in as there is an issue with the paperwork from the agency. Either that, or suck it up and ensure further renewals are dealt with in a timely manner.

[BrilloPad]

Oh I should mention that as soon as they sent the contract the agent closed up for the year. So I am unable to talk to anyone until Monday.

I was going to ask about talking to them!

I know I argue with NLUK about whether this sort of behavior is "just business" or "underhand". This case looks to have strayed into the under-hand category.

Amending contract then returning it to them while they are closed looks even more attractive. IMO.