Reply to: Working with no contract - is it a problem?

[thunderlizard]

Once tools are downed the contract usually shows up pretty quickly.

That is absolutely right. As long as you're turning up every day they'll be happy with the status quo, and have no reason to change things by signing a contract.

Direct contracts are usually much further outside IR35 than agency ones because there's no agent there to shoehorn you into the 1-man temping model (agents will tell you the opposite of course). You need to be more concerned with the business risks - non-payment, quality disputes, intellectual property rights etc.

[mudskipper]

Thanks all - I'll push to get it signed next week. No - it didn't specify payment terms - next time I'll know to get this one covered.

[Hex]

As mentioned earlier, if you've sent them a contract and have started work then that will most likely be the contract that is deemed to be in place for the work being performed. It would be better to have a signed copy though.

If you sent the contract to them, then your contract would have stated the payment terms. It doesn't matter what their accounts department does usually, if your contract says pay 7 days after invoice then that's what they must do. If your contract does not stipulate the payment terms then I believe they default to payment within 30 days of invoice. After that you can start chasing and applying late payment interest.

It may be easier just to put up with their payment frequencies though if they are not too far away from what you want.

[d000hg]

No.... I sent my invoice end of month, mentioned it when I was in last week and the accounts lady told me they pay after 30 days. Not ideal, but didn't seem worth rocking the boat over...

The accounts lady is not in charge of you getting paid. She's used to paying 30 days in arrears but if her boss tells her to pay immediately, she will.

If you are not under contract it's fair to politely demand quick payment - weekly within a week - until you have something signed that say otherwise. Don't be an arse, just state it is how you will work.

[MPwannadecentincome]

Arrange a meeting

The trouble with working remotely is "out of sight: out of mind", maybe you should go in more often?

[Alf W]

No contract, no show!

Do you think ClientCo do work for their clients without some sort of contract being in place first?

Once tools are downed the contract usually shows up pretty quickly.

[Fred Bloggs]

Cry? Vodka?

I really don't think it's going to happen - if it does I'll come out of the experience wiser, poorer, and a whole lot more cynical!

Good luck, sounds like IR35 is a non-issue for you.

[mudskipper]

As far as IR35 goes, the investigation will look more at real working practices than what a piece of paper says anyway.

Thanks - that's reassuring. I think I'm good on that - working at home, hours that suit me, using own equipment etc.

Will push again for contract next week - thanks for the advice.

[mudskipper]

And after 2 months, when you've still not been paid, what will you do?

Cry? Vodka?

I really don't think it's going to happen - if it does I'll come out of the experience wiser, poorer, and a whole lot more cynical!

[Fred Bloggs]

I'd be far more worried about getting paid than about IR35.

[TheFaQQer]

IIRC, if you sent a contract to them, and they allowed you to start work, then it would be held that that contract is what is in place.

What payment terms did you include in the contract?

As far as IR35 goes, the investigation will look more at real working practices than what a piece of paper says anyway.

[Fred Bloggs]

And after 2 months, when you've still not been paid, what will you do?

[Peoplesoft bloke]

I wouldn't do this, but you're not me of course. Do you have signed timesheets or anything to illustrate that they accept you have done the work?
I am not a lawyer, but in the absence of a contract I would imagine it would be hard to argue about IR35 status.

[rootsnall]

No.... I sent my invoice end of month, mentioned it when I was in last week and the accounts lady told me they pay after 30 days. Not ideal, but didn't seem worth rocking the boat over...

As I said, I really don't think there's anything untoward going on!

Make sure you get a weekly signed timesheet. Keep pressing.

[mudskipper]

No.... I sent my invoice end of month, mentioned it when I was in last week and the accounts lady told me they pay after 30 days. Not ideal, but didn't seem worth rocking the boat over...

As I said, I really don't think there's anything untoward going on!