Reply to: Working out of contract?

[Bluenose]

Thanks all for your input.

Its sounds like if I am coming in on Monday, the minimum I should do is to get an email from the Client confirming that they are happy to continue the contract as-is.

Lots of dodgy responses here.

Do not go to site, do not fire your laptop up without a contract.

[ladymuck]

I tend to go with the former. If I'm not covered by a contract, I'm not on site. I'll be as helpful as I can with the client and agency, providing them with ample notice and numerous reminders when my contract is up, but I'll not be on-site or working if it expires.



Surely that "assurance in writing" is a contract, no? If the client has the time and inclination to put something in writing, they've also got the time and inclination to sort out the written contract. Larger clients have entire departments dedicated to this, so there's really no excuse.

I should have said that I'm more relaxed depending on the client! Current one I'm happy to work at risk for a few days but there's others I won't. Not because they're bad payers but just simply because they're not to be trusted and are likely to change their mind/change the rate.

Agree that the something in writing should be a contract but sometimes it's more likely the director emailing to say they will approve any PO coming through and then it's just a case of the cogs turning internally.

[perplexed]

No contract, explain to client I'm unavailable due to being unable to be on site. I point out insurance would not cover any work provided and equally that, should I suffer an accident on site it would cause lot of problems their side.

Points of contact are usually at the level low enough to fully understand company processes are slow / messed up so have no problem with that.

[billybiro]

I have refused to turn up without a contract and have also on the last day of a contract said "I won't be in on Monday if you don't sort something before I leave today". Both times it got sorted.

Nowadays I'm a bit more relaxed but would still ask for an assurance in writing that work continues as per the original terms and payment will not be withheld if the usual evidence (approved timesheets, etc) are provided. I would also be inclined to set a deadline, as NLUK implied, 10 days is a bit of a long time to change a couple of dates on a template document.

Working at risk is something no employee has to do....

I tend to go with the former. If I'm not covered by a contract, I'm not on site. I'll be as helpful as I can with the client and agency, providing them with ample notice and numerous reminders when my contract is up, but I'll not be on-site or working if it expires.

Nowadays I'm a bit more relaxed but would still ask for an assurance in writing that work continues as per the original terms and payment will not be withheld

Surely that "assurance in writing" is a contract, no? If the client has the time and inclination to put something in writing, they've also got the time and inclination to sort out the written contract. Larger clients have entire departments dedicated to this, so there's really no excuse.

[ladymuck]

Yes, its the same really as it was before. Its a tech lead position advising to a management team, not hands on the code anymore. Pays well but after this I'm looking to get back to being hands on with the code since that is really my true talent in life.

Your true talent is what earns you the most money for the least effort...

[willendure]

good stuff.

The new project is described in the Statement of Work or is it just a generic contract for a PM?

Yes, its the same really as it was before. Its a tech lead position advising to a management team, not hands on the code anymore. Pays well but after this I'm looking to get back to being hands on with the code since that is really my true talent in life.

[northernladuk]

So they have now sent me a new contract - not bad for 5pm on a Friday. That's me signed up till Christmas.

good stuff.

The new project is described in the Statement of Work or is it just a generic contract for a PM?

[willendure]

So they have now sent me a new contract - not bad for 5pm on a Friday. That's me signed up till Christmas.

[b0redom]

Assuming you are busy and the client still needs you, tell them you aren't coming in on Monday without a new contract, don't go in on Monday, 95% you'll have a new contract by lunch time on Monday

This. I had an agent once telling me that I should start a new gig without a contract and that one would be with me shortly. I politely explained that I would not be onsite without a signed contract. They replied that it would take a few days.

Monday 10am I had a call from a panicky agent saying, "Where are you?"
"Where's my contract?" I replied.

It was sorted within 30 mins.

[clearedforlanding]

Most companies have a policy that you should not be on site should you not have a contract.

Asking client to confirm this with HR used to be my first recourse.

[SandyD]

I would continue if I were you... When I was a consultant at a couple of the big five, we often our of contract, they called it, worked at risk, you seem to have reasonable reassurance that the contract will be sorted, so no need to worry about it...

[ladymuck]

I have refused to turn up without a contract and have also on the last day of a contract said "I won't be in on Monday if you don't sort something before I leave today". Both times it got sorted.

Nowadays I'm a bit more relaxed but would still ask for an assurance in writing that work continues as per the original terms and payment will not be withheld if the usual evidence (approved timesheets, etc) are provided. I would also be inclined to set a deadline, as NLUK implied, 10 days is a bit of a long time to change a couple of dates on a template document.

Working at risk is something no employee has to do....

[WordIsBond]

If you want to be sure, get it in an email as described above, that you are continuing on the same terms provisionally.

If you want to be doubly-sure, refuse to work without a contract, as noted above.

If you want the freedom to walk away without notice, say nothing, keep your head down, and go to work. There's about a 95% probability you'd get paid if you don't walk, so this isn't a lot of risk, as noted above. If you do walk away, sometime next week you might not get paid for the days you worked, but you'd be well within your rights to say that you left because you didn't have a contract. If it were me, I'd probably do it that way.

If you push for something in writing it would be very unprofessional, at best, to then walk away if they give it to you. So if you want to keep that option open, just go in and work. If another contract doesn't work out for you, you are very probably going to get your renewal and payment for the intervening days.

[willendure]

Thanks all for your input.

Its sounds like if I am coming in on Monday, the minimum I should do is to get an email from the Client confirming that they are happy to continue the contract as-is.

[northernladuk]

If I continue working over the next 10 days on an 'as-is' basis, is the notice period effectively zero during that time?

I'm just thinking, if I did find something else and they wanted me to start in a hurry could I do that? The notice period on the old contract is 30 days, and I guess that it will be on the new one too. Wouldn't mind finding a better (more interesting) gig if I can, but would stay here as the default option (dull but pays pretty well).

The T&Cs will continue as per the last contract. You can't pick the notice you'd like to have as they may decide to pick the option to pay to suit them