Reply to: Due to start on Monday - haven't seen a contract yet

[TheFaQQer]

Don't go. You have no rights or worse you've accepted the contract by implication either way, fall down the stairs with a coffee in your hand and you're screwed. Chances are security won't let you on site anyway. Don't bother talking to the client - let your agent take the flack for not getting their arse in gear.

No danger - I don't know where the client is, so can't turn up! Agent said that the contract would be out "soon" when they rang me today - needless to say, no sign of it yet!

[D7V]

Don't go. You have no rights or worse you've accepted the contract by implication either way, fall down the stairs with a coffee in your hand and you're screwed. Chances are security won't let you on site anyway. Don't bother talking to the client - let your agent take the flack for not getting their arse in gear.

[tim123]

Make it clear to the agent. You don't need to involve the client, unless you want them to put pressure on the agent. After all your contract is with the agent, not the client.

I understand the point, but I would go for the option that earned the money and have faith that everything would get sorted out.

Are you really that strapped that one day's money is an issue?

tim

[tim123]

When I was buying in pro services for a major corporate I would often get companies to start a day or two before having a contract in place...and in some cases we are talking about the top consultancies...this was just because the procurement process was such a nightmare...yes the companies were taking a gamble, but it was a calculated one for them...

Gambling with 0.01% of you income is a lot easier than gambling with 100%.

tim

[TheFaQQer]

I'm in the same position - agent has dragged their feet for the past month, is expecting me to start on Monday, and I still haven't seen the contract yet.

I've told them a number of times that I won't be there until I get the contract reviewed (I rang three times last week to see where it was, with no response), but I haven't got a contact number for the client to be able to tell them this.

When the contract comes through, I'm sure that it won't be IR35 friendly (they seem to confuse IR35 with opting in), so I'll need to get it reviewed thoroughly before I accept it. I think that what I'll do when I get the contract is send it off for review, and reply back to the agency with the PCG contract. If they don't respond to it, then that will be my contract for the duration, which should be IR35 safe...

If not, then I'll have a week off while I see what else there is to do, and put my feet up. Unfortunately, I can't go and see the client in person (the agency still haven't told me an exact location yet, plus it's 200 miles from home) to explain all this - just hoping that the client hears the truth about why I'm not there ( )

[shimmer]

Just a thought, and i'm no expert on any of this, but if the agency are responsible for the hold up, is it not possible to have some sort of temporary (day) contract between yourself and the client in place for each day until the full contract is agreed? That way at least insurance is covered. You will have to bill the client direct for those days but it will hurry the agency up (as they won't get their cut for those days) while still allowing you to be paid. As you haven't signed anything you have no contract with the agency yet so that shouldn't be a problem. The only issue I can think of is if the client has a contract with the agency stating that they can't take people on direct?

[Natalie Walters]

I wouldn't start work if I were you, if your client were professional then the contract would be in place before you go in on your first day.

I actually work for an agency and we never ever allow any of our contractors on site without the required paper work just because if anything does come back then it would be very difficult for us to alter the contract.

Obviously I cannot tell you what to do but would definitely advise against starting -what excuse have they given as to why the contract hasn't been drawn up already?

[Paddy]

Well yes, actually, unless you are through one of a msall number of enlightened agencies.

However, if you start work, whatever contract that is on the table at the time is the one you have deemed to have accepted and all conditions in it are enforceable. Even if you haven't even seen it, much less signed it.

This works both ways, of course. If you don't like something you can tell the agency the changes you require making to the contract they have offered. If they don't respond and you start work, it is your set that has the legal standing...

How about writing to you agent:

I am not in receipt of a contract and/or terms and conditions relating to work to be carried out at XYZ. In the mealtime although I will be starting on Monday DATE, the terms and conditions of my limited company will apply and will override any terms and conditions of your EB until such times when a contact is issued, mutually agreed and signed.

[malvolio]

Well yes, actually, unless you are through one of a msall number of enlightened agencies.

However, if you start work, whatever contract that is on the table at the time is the one you have deemed to have accepted and all conditions in it are enforceable. Even if you haven't even seen it, much less signed it.

This works both ways, of course. If you don't like something you can tell the agency the changes you require making to the contract they have offered. If they don't respond and you start work, it is your set that has the legal standing...

[CB_Ireland]

I moved from Giant to a Limited company on 6 April, finally got my contract through from a well known agency today (in my 3rd month there, 2 with Giant). Needless to say the contract was crap - misspelled the name of my company and even managed to put my daily rate as my weekly rate + several other issues.

The small print states I have accepted the contract if I am working at the client's address.

I sent an email to the agency tonight stating everything I found unsatisfactory in the contract and that my presence at the client's address should not be deemed acceptance of the contract, but if they (the agency) felt it was then I was perfectly happy to advise the client that I would not be able to work for them again until a satisfactory contract is agreed and errors within the contract corrected.

Are all contracts such a pain in the proverbial?

[malvolio]

Right that all went very well I think. Went to client site, spoke with client who was entirely understanding and very professional about it all.

Client and I spoke with the agency there and then on a conference line.

Net result is that agency will send copy of contract out asap, client happy to wait whilst I get it reviewed. Client expressed "displeasure" with agency (have had probs before apparently). I came away (quite rightly) smelling of roses .

Thank you to all who offered advice. In the end I used a mix of that and my own gut feelings about how to deal with a potentially tricky situation.

Obviously I'm not impressed to be losing money through no fault of my own however at least this way I'll be working with a contract that I'm clear about and the client is not being mucked about (by me anyway).

Brillliant result. Strike one for professionalism!

[DS23]

i'm in a similar situation. finish at current client today and am supposed start at new client tomorrow. got no contract yet though. i don't doubt it will arrive as the new end client is having a litter.

i was going to go in anyway but the weather is too good and i fancy a few days work in the garden...

the start date is just going to have to go out a week.

[Dark Black]

Update

Right that all went very well I think. Went to client site, spoke with client who was entirely understanding and very professional about it all.

Client and I spoke with the agency there and then on a conference line.

Net result is that agency will send copy of contract out asap, client happy to wait whilst I get it reviewed. Client expressed "displeasure" with agency (have had probs before apparently). I came away (quite rightly) smelling of roses .

Thank you to all who offered advice. In the end I used a mix of that and my own gut feelings about how to deal with a potentially tricky situation.

Obviously I'm not impressed to be losing money through no fault of my own however at least this way I'll be working with a contract that I'm clear about and the client is not being mucked about (by me anyway).

[Diestl]

I would just go, as long as the rate and hours are agreed, if the contract turns out to have some crazy clauses (highly unlikely) then you can start complaining, why lose money and potentially the contract.

[malvolio]

Sensible approach. Let us know how it goes!