Reply to: Would you turn up on site without a contract?

[Mr Xpat7]

Even with a contract i did not get paid

Hello all

I did some work for Tenfoce.com and even with a contract signed with the agent they refused to pay up and it looks like they have a high turnover of staff so keep well clear.

The agent was fine and it was not their fault and it was not worth takinging them to court.

perm staff for the company need to do a little financial research on the company as the figures don't add up.

Do we have a list here of companies that don't pay so that we can name and shame them.

[Ardesco]

The onus would still be on me to prove that the amended contract did not arrive on time. A court hearing would take far longer to organise than the contract length and would have meant they would have got away with the payment T&C's they had amended had they kept to those terms. Had I turned up on the Monday they would have made no effort to amend the contract - only enforce those T&C's that meant they could delay all payments until the client paid. I would then have had to go to court when not paid.

No the onus would be on the agency to prove that it did arrive on time, remember innocent until proven guilty!

[configman]

If you have not seen the contract and it is an extension and you turn up to work on the Monday after your contract expired it will be assumed that the contracts T&C have not changed in the eyes of the law.

The agency can write what they want but you can refuse to sign it and if it goes to court you will win.

The onus would still be on me to prove that the amended contract did not arrive on time. A court hearing would take far longer to organise than the contract length and would have meant they would have got away with the payment T&C's they had amended had they kept to those terms. Had I turned up on the Monday they would have made no effort to amend the contract - only enforce those T&C's that meant they could delay all payments until the client paid. I would then have had to go to court when not paid.

[BrowneIssue]

If you have not seen the contract and it is an extension and you turn up to work on the Monday after your contract expired it will be assumed that the contracts T&C have not changed in the eyes of the law.

The agency can write what they want but you can refuse to sign it and if it goes to court you will win.

If it is an extension, see above.

If they come up with some random contract after you have gone back - hard luck on them.

I would recommend you send an email to the client, cc the agent saying:

"I understand you want me to continue; I will do so on existing T&Cs; I am having trouble getting a contract out of the agency; if this is not right tell me before I turn up" or something similar.

If this is a new contract, DO NOT TURN UP. You WILL be shafted rotten just as a naive numpty should be. Bu that doesn't apply to you 'cos you had the sense to seek advice.

[TheFaQQer]

What's your other option? Stay at home and not earn anything.

Yes - I use it as an excuse to finally have a day off. That way I don't feel guilty about not earning that day

[Ardesco]

In that situation 2 months ago with Alex Mann so did not turn up for the extension. Good job I did not turn up as Alex Mann had modified the T&C's without telling me and by turning up I would have in effect signed something I did not want to. The new contract came a few days after the extension start. The new T&C's made it even more difficult to get paid so had the T&C's modified before turning up.

If you have not seen the contract and it is an extension and you turn up to work on the Monday after your contract expired it will be assumed that the contracts T&C have not changed in the eyes of the law.

The agency can write what they want but you can refuse to sign it and if it goes to court you will win.

[thunderlizard]

For an extension to an existing contract that I was happy with; and where I trusted the client; yes.

[Zorba]

Most clients have communicated their intent to me in good time, even though the contract takes time in the post. In those cases, I will continue on and send an email that I accept in principle on the existing terms. If I didn't get a clear feeling from the client though, I'd stay home.

I've seen people released from contract because they didn't turn up though. Use common sense and you should be ok. If you get stiffed, consider that you might have been on the bench anyway.

Also, fax machines are great for getting contracts rushed through.

[Gonzo]

I have done for extensions. I know others that wouldn't.

If you decide not to then make sure that the client is fully aware of what is going on and why you won't be there.

[oxtailsoup]

Happened a number of times to me and I've always gone on site. Best to check the client knows the situation first though.

What's your other option? Stay at home and not earn anything.

[VectraMan]

I have. The way I see it is if you go there's a small chance it'll all fall apart and you'll have a fight to get paid. But if you don't go, you definitely won't get paid.

[TheFaQQer]

I never go on site without a signed copy of the contract.

Once they realize that I'm not going to be there, they soon get the paperwork sorted.

[rb621]

I personally don't. I personally blame the liability/indeminty insurance not being valid thing....

Tell them to fax you a signed copy of the contract, that's pretty much instantaneous.

Apparently the agency can't get at my contract because it's sitting in the agents email and they can't get into his mail. He's "not there" which might mean he's out of the office, on the loo or has left.

Rubbish - is that any way to run a business?
What fun!

[HYpno27]

On occasion I've done it for a renewal I've seen all the other paperwork on and know is happening for certain

A large multinational oil company of previous experience won't let you on site without a contract in play - stating their insurance doesn't cover you

[WindyAnna]

Have done it and have invoiced as well, verbal contract (even better if e-mail) and they have paid.