Reply to: Working Without Contract Extension Signed

[Recruitment Agent]

make sure your timesheets are signed and you will have no problems

[d000hg]

I am working by mutual agreement without a contract with a client in Hong Kong. Realistically, a contract would be pretty worthless in practice... neither of us would be keen to try and drag the other through the courts in totally different continents. Regardless of contract, we have to work on mutual trust and a good relationship, and accept and try to minimise the inherent risk.

[BolshieBastard]

I have worked the last 6 months without a contract, I tend not to get too stressed about these things.

I bet you wouldnt be so laid back if the agent or your client missed paying you though!

Contracts are in place for a reason. Some people are happy to take the risk. Personally, I wouldnt and I think its wrong for some to give the impression there's no problem working without one.

[minestrone]

I have worked the last 6 months without a contract, I tend not to get too stressed about these things.

[virtualm]

And tell the agency your going to change your payment terms to weekly if you don't receive a new contract in time(if your not already being paid weekly), this reduces the risk to you financially.

And, as the others have said - make sure you speak to both agency and Hiring manager daily (not email) and emphasis your concerns....

[expat]

What is the standpoint if a contract end date passes and promised re-newal contract is not signed off on time for continuation?

Is contractor able to continue working in good faith that contract will be signed, or is it a total no no until it is signed.

The usual sound CUK advice is appreciated.

How long does it take for the agency to get a new contract to you? A few days should be enough.

Of course the client may be slower about this. Then the question arises, do you take the risk that it will never come through by continuing to work, or does the agent take the risk by giving you a contract anyway? Well, which is it to be? If the agent won't take the risk, why should you?

Give them a chance but make sure they know it's a chance for them to shift their arse, not a chance to sit back and let you take the risk.

[BrowneIssue]

... a contract end date passes and promised re-newal contract is not signed off on time...

... big legal fees if it goes tits up working without a signed contract...

It appears that in this case there was a contract. I believe we have established before, that if all parties appear to be happy to continue the arrangement, then you are pretty safe.

However, starting a new contract without seeing the paperwork, I agree with you: very risky.

[BolshieBastard]

If you dont mind having big legal fees if it goes tits up working without a signed contract, go right ahead.

I can understand some people in the current climate working without a contract but tbh, I'd suggest only doing this for a maximum 1 week.

It seems to me the people advocating working without a contract as 'ok' seem to think it either gives them some kudos or puts them outside ir35. Nothing could be further from the truth.

[Ardesco]

I've done it twice but have sought assurance from the client (rather the agency) that I would be paid on submission of invoices, even if contract paperwork was not in place (which was their fault).

It does put you in an interesting position in that you don't know what T&Cs you're working under when there is no formal contract in place.

Assuming your contract is with the agent, it doesn't matter if the end client pays on time or not, it's the agent you have a contract with and they are the ones who need to be paying you!!!

[BrowneIssue]

It does put you in an interesting position in that you don't know what T&Cs you're working under when there is no formal contract in place.

If there was an initial contract, the same T&Cs carry forward.

If there was no initial contract, then a written extension is a bit academic. You could see if they will accept the PCG off-the-shelf ones, if you care enough.

[opc]

I've done it twice but have sought assurance from the client (rather the agency) that I would be paid on submission of invoices, even if contract paperwork was not in place (which was their fault).

It does put you in an interesting position in that you don't know what T&Cs you're working under when there is no formal contract in place.

[BrowneIssue]

I'm sure I recall writing this answer before...

Email both your agent and your contact at the client formally stating that you will continue with the existing terms and conditions in good faith as you can see there is still work to do.

Make sure you give a paper copy to your contact at the client personally in their hand and tell them what it says. If they do not escort you off the premises there and then, they're going to end up having to pay you.

Make it clear you are putting yourself out for the benefit of your client (the agency) and for their client (the actual place of work) while they sort out the paperwork.

Make sure you get your timesheets signed. If they quibble at all about that, clear your desk and do not return until the paperwork is sorted. If they do sign it, keep on turning up as long as they sign timesheets, for ever if you want.

Should the agent try anything 'clever' the courts will decide there was work and a desire for you to be there.

Keep it friendly, keep smiling but make sure EVERYONE around you knows you are putting yourself out and at risk to make up for the tardiness of the agent and the customer. If you want paperwork, tell them you are now sending your CV out.

[BrilloPad]

Was the enewal formally offered and accepted? Are you just awaiting paperwork?

[TykeMerc]

It's a matter of how much you trust your client and entirely up to you and at your own risk. It's a business decision you have to make for yourself.

I worked for one client for over 2 years without a paper contract only statements of intent via email and payments from the client.

[Spacecadet]

Since you've worked there for 3/6/12 months already you should have some idea about the agency and the client and their trustworthyness.

Personally I would carry on working and also making lots of phone calls to the agent and bugging the client about it.

But then I also would have started looking for new contracts 3-4 weeks prior and be ready to jump should that extension not be forthcoming.