Reply to: Refuse to sign

[stingman123]

I Pity the fool

[Not So Wise]

If only a day in and don't want to accept extension nor continue working there just walk, you can always blame it on breakdown on negotiations and that you only stayed the extra day in act of good faith while you attempted to resolve the issue (don't expect to get paid though)

If it's just a contract issue (agents contract) and not the role/client that you don't want to continue with call a meeting with client, explain the issue and try to resolve, but be prepared to walk if client does not side with you against agent.

If client sides with you agent will fold 99 times out of hundred

If you walk though and it's not just a contract issue (or one that you have not raised with anyone before) don't expect client to be happy with you nor expect a good reference because you will be leaving them in the lurch, but then again references these days are not worth the paper they are printed on

[TheFaQQer]

Ok. Time for me to ask one of my reeeally stupid questions but as this as never happened to me I have to ask...

How can you actually stay on site if you have refused to sign another contract? Surely they offer you work via the contract, you don't want to enter in to this agreement to do work and get paid so you have to walk. How can you stay on site with no contract?

Even if everyone was a little slack about it surely everyone should start getting nervous at this point, most of all the OP as there is no commitement to pay from the agent/client, no commitment for the OP to turn up next day and so on.

I don't understand why you would do this.

Can someone enlighten me?

Gut feeling says that the OP wants to leave, but only for a better offer. Consequently, they are hoping that by not signing a bit of paper, they can argue that there was no contract in place (which they won't be able to do, by the way).

But apart from the risks I've just mentioned in another post above, there's nothing really to worry about by walking

[TheFaQQer]

what's to worry about?

If there is no notice period, then the OP cannot give notice. If they walk from the contract, they risk being sued for breach of contract by the agency, which could include being sued for the cost of re-advertising the role, client time recruiting a replacement, etc.

Plus the risk of getting known as "the guy that just walks off site" - from the agency (wouldn't be too fussed), client (might be more fussed), fellow contractors who have the potential to put the boot in further down the line (would be fussed about that one!).

[TheFaQQer]

The common answer is the contract you were offered are the T&Cs you are working under.

Now if you sent a contract back that you were prepared to work under and words to the effect you are offering your services on those terms then !?

My personal experience is that if you are on site and earning them commission and they realise you will not be fobbed off then there is a good chance they'll bend rather then cause trouble on site.

If you start work without a contract, then more fool you. If they sent you a contract that you didn't agree with, and you still started, then even more fool you.

By starting to work, you would be deemed to have accepted the contract. If you cause trouble on site, then it will be you rather than the agency that is going to end up with the bad reputation. I've seen contractors try to force the agency to change their mind after they were on site, and threatened to walk - and then watched the client escort them off site because the agency had told them (truthfully) that they intended to walk off the contract.

[BolshieBastard]

At my last client site I know of a contractor who wouldnt sign the new contract extension paperwork because of changed T&C's. (He'd been there for over 3 years.)

10 days after 'new' contract period had started he got a call via the client's HR dept and told to sign and fax the contract back to their sole agency 'within the next 30 minutes or you will be walked off site.'

As always, it depends on each individual client how far you can go without a contract.

[rootsnall]

out of interest...I'm currently working without a contract.
agency sent sample one (after I was in the job), I didn't agree with a lot of it...sent an email with list of issues.
they barely looked at mail and sent same contract back signed from their side.
I've done nothing more, haven't even got private indemnity insurance which was one of their conditions.
Have been paid for one week, waiting for last month now.

What do you reckon? No probs whilst I'm being paid I guess.

The common answer is the contract you were offered are the T&Cs you are working under.

Now if you sent a contract back that you were prepared to work under and words to the effect you are offering your services on those terms then !?

My personal experience is that if you are on site and earning them commission and they realise you will not be fobbed off then there is a good chance they'll bend rather then cause trouble on site.

[Olly]

out of interest...I'm currently working without a contract.
agency sent sample one (after I was in the job), I didn't agree with a lot of it...sent an email with list of issues.
they barely looked at mail and sent same contract back signed from their side.
I've done nothing more, haven't even got private indemnity insurance which was one of their conditions.
Have been paid for one week, waiting for last month now.

What do you reckon? No probs whilst I'm being paid I guess.

[northernladuk]

Ok. Time for me to ask one of my reeeally stupid questions but as this as never happened to me I have to ask...

How can you actually stay on site if you have refused to sign another contract? Surely they offer you work via the contract, you don't want to enter in to this agreement to do work and get paid so you have to walk. How can you stay on site with no contract?

Even if everyone was a little slack about it surely everyone should start getting nervous at this point, most of all the OP as there is no commitement to pay from the agent/client, no commitment for the OP to turn up next day and so on.

I don't understand why you would do this.

Can someone enlighten me?

[pmeswani]

I've not seen the revised contract. The original had no notice period. I'm only a day in so not bothered about payment.

So in a nutshell, you have answered your own question. If you are not bothered about payment, what's to worry about?

[dack]

Standard answer is you will be working under the terms and conditions of your expired contract. Not sure if that is 100% true !?

That's been true of every contract I've worked and it's usually explicitly stated in your contract. ClientCo can start to get nervous about insurance implications of you being on site without a contract.

Unless the conditions of the contract have changed then a refusal to sign will probably be viewed unfavourably by ClientCo.

[DocP]

Not yet seen

I've not seen the revised contract. The original had no notice period. I'm only a day in so not bothered about payment.

[TheFaQQer]

What if another offer came along. Could I walk?

What does the CONTRACT say?

If you stay, you have accepted the contract. So, read what it says, and see if that answers your question.

[rootsnall]

What if another offer came along. Could I walk?

I'm guessing by staying beyond your end date you are under the exisiting T&Cs and hence the notice period. But in practice if you walked ( as you get your timesheet signed ) then you'd be fine.

[DocP]

Another Offer

What if another offer came along. Could I walk?