Reply to: Agency and 3 month contract

[SueEllen]

That is so easy to say, and so hard to do. For my first contract the interview was at 3pm; I was called at 6pm by the agent and asked to start at 9 a.m. the next day so I could have a one day handover. I was in that contract for 5 years and it became the highest rate contract I've ever had. If I had said I wanted to wait to check the contract paperwork, they would have given the gig to the first person who volunteered to start at 9 a.m.

I agree. You should not start without seeing and checking the contract. But sometimes life gets in the way.

It's called email, a printer and a fax machine.

I found them all useful in all of my contracts so far to varying degrees particularly when the client wants you to start the next day or two.

Though it does help if you have companies/agencies who are use to dealing with contractors and use basically a PCG contract.

Fair comment, there is often pressure like this and we are useless if not flexible.

However, it doesn't take you (or them!) more than 10 minutes to knock out a letter of intent outlining the terms which will subject to agreement of a written contract. It's good business sense and it's easy. Here's the script:

Contractor: OK, I accept your offer what are the terms
Agent: Excellent. That's great news, waffle waffle waffle. Ahh, don't worry about terms, we'll discuss them later
Contractor: No, we will agree this now it will only take a minute. How about X amount per day, invoice weekly, payment within 14 days, 1 week's notice from either side and subject to agreement of a written contract that is acceptable to my LTD
Agent: Sounds OK, subject to a agreement of a written contract of course!
Contractor: OK, I'll confirm that in a letter of intent (by email) in a few minutes. Let me know if the details in the letter are OK and then I'll start straight away.
Agent: Don't wait for confirmation, just start.
Contractor: I'll send the email now and call you back to confirm that you have it and are happy with it. Once you confirm, I will start right away.

Put the pressure back on the agent. Is he going to annoy the client by not banging out the paperwork in time and not getting someone on site? No I didn't think so.

The good thing about a letter of intent is that you can then do due diligence on a contract at your leisure, you're not pressured into signing a contract without reading it or getting it reviewed.

This is true.

I've had an agency put a contract offer on the table and want a next day start. But I've made it fairly clear that I'd need a contract in place to move the work forward, not only from a satisfaction point of view but a legal one as well. Your insurer may not cover you in some situations if no contract exists so you have to be careful. Even if the agency wants to move quickly, they should have a template contract you can read before the real one is signed.

[Wanderer]

I got Employment Agency Standatds involved who are investigating them now......

You know, I have a feeling that they will just find that there was a single rogue employee working at the otherwise reputable agent and he has been given a severe reprimand and sent away for reprogramming.

Let us know if you hear anything more about it though!

[theroyale]

Well finally got there, and they have paid me for the weeks notice. Sent a letter in October, and they responded on the last day, more phone calls etc, and today they have issued the payment for the full weeks notice. (They still would not give me a copy of the contract though) I got Employment Agency Standatds involved who are investigating them now......

Good on you! Let us know how the investigation by Employment Agency Standards works out.

What about the client in all of this? Surely there is a possibility of writing to someone at the client's end - a department that can be complained to?

Getting sick and tired of contractors being treated badly - and reading a lot of advice on this forum it doesn't seem like many contractors think they deserve any better, as if its par for the course.

Well finally got there, and they have paid me for the weeks notice. Sent a letter in October, and they responded on the last day, more phone calls etc, and today they have issued the payment for the full weeks notice. (They still would not give me a copy of the contract though) I got Employment Agency Standatds involved who are investigating them now......

I have learned my lesson, and I hope they have.

I believe you should write to the client and make the client aware of the mistakes the agency made adn how this affected the delivery of the contract. It shouldn't reflect poorly on yourself in front of the client because the agency was basically lazy and rubbish (not unusual in this game). At the end of the day, your professional reputation is what you trade on and you don't want a bad rep with any client, and often agencies and their mistakes make it all the more difficult for you.

[Wanderer]

For my first contract the interview was at 3pm; I was called at 6pm by the agent and asked to start at 9 a.m. the next day so I could have a one day handover. I was in that contract for 5 years and it became the highest rate contract I've ever had. If I had said I wanted to wait to check the contract paperwork, they would have given the gig to the first person who volunteered to start at 9 a.m.

I agree. You should not start without seeing and checking the contract. But sometimes life gets in the way.

Fair comment, there is often pressure like this and we are useless if not flexible.

However, it doesn't take you (or them!) more than 10 minutes to knock out a letter of intent outlining the terms which will subject to agreement of a written contract. It's good business sense and it's easy. Here's the script:

Contractor: OK, I accept your offer what are the terms
Agent: Excellent. That's great news, waffle waffle waffle. Ahh, don't worry about terms, we'll discuss them later
Contractor: No, we will agree this now it will only take a minute. How about X amount per day, invoice weekly, payment within 14 days, 1 week's notice from either side and subject to agreement of a written contract that is acceptable to my LTD
Agent: Sounds OK, subject to a agreement of a written contract of course!
Contractor: OK, I'll confirm that in a letter of intent (by email) in a few minutes. Let me know if the details in the letter are OK and then I'll start straight away.
Agent: Don't wait for confirmation, just start.
Contractor: I'll send the email now and call you back to confirm that you have it and are happy with it. Once you confirm, I will start right away.

Put the pressure back on the agent. Is he going to annoy the client by not banging out the paperwork in time and not getting someone on site? No I didn't think so.

The good thing about a letter of intent is that you can then do due diligence on a contract at your leisure, you're not pressured into signing a contract without reading it or getting it reviewed.

[RichardCranium]

Well finally got there, and they have paid me for the week' notice.

Oh, well done!

Do you have a partner? Has (s)he supported you through this? If so, spend ALL of that week's money (post-tax, of course) on them on a frivolous gift. That will repay you in the future when the next thing goes bad. If you have no partner and dealt with that problem on your own, treat yourself to something, like one of those special day out event treats. You did really well getting that money and it is a windfall - blow it on something nice and pointless. Do NOT waste it on Xmas presents on family. That's not why we contract - we do it for luxuries.

I'm not a very experienced contractor/permie but I would never ever start working for someone without accepting the terms and signing a contract first. I think it's pretty much common sense.

That is so easy to say, and so hard to do. For my first contract the interview was at 3pm; I was called at 6pm by the agent and asked to start at 9 a.m. the next day so I could have a one day handover. I was in that contract for 5 years and it became the highest rate contract I've ever had. If I had said I wanted to wait to check the contract paperwork, they would have given the gig to the first person who volunteered to start at 9 a.m.

I agree. You should not start without seeing and checking the contract. But sometimes life gets in the way.

[BolshieBastard]

I wonder if anyone can help.

I was given a 3 month fixed contract with the hours of 7:30 – 16:30.

I was asked to start early, ( a week early) and was also asked if I could do 07:00 – 18:00 for an initial period. I asked what this initial period was and was told 2-3 weeks. This was with the hiring agency.

I wanted to get started so accepted the initial hours on the basis it was for 2-3 weeks.

2 months into the 3 month contract, I called the agency as I was still doing the “initial hours” of 07:00 – 18:00. They couldn’t believe it and said they would speak to their client.

The following day I was called in and the client said “I hear you are complaining about the hours”. No I said, this contract was given to me on 07:30-16:30, I agreed to do 07:00-18:00 for an initial period. The client then said well the hours are 07:00-18:00, as you don’t like it, I suggest we call it a day. Marched me to get my personal belongings and excorted me from the building.

I called the agency and they were gobsmacked, could not believe it.

Now I have been paid no notice, the agency have now wiped their hands, they admit there have been errors by themselves, namely they did not send me the contract, despite me asking for it 2 days before I started, and kept pestering them for it. “That person is away this week” “ We are getting it sent this week” etc.

Now they will not send me anything. I took the contract (07:30-16:30) as it fitted in with my children, and seeing them etc. This has all come about as I was simply asking to do the hours I was given from the outset, which the agency do not dispute, and have it in writing, on an email. But they just say there is nothing they can do.

All they sent me was a starter pack, with a time sheet in, what I have to do if I am sick and what to do regarding holidays. They were paying me on top of my hourly rate for holiday, they have denied this, I have the email giving a breakdown of my hourly rate and then holiday on top.

I am furious with this agency and the way I have been treated over this.

Is there anything I can do. I have been told there is and I am entitled to a weeks notice, others say the contract has been breached and am entitled for the full payment of the remainder on the contract.

Sorry its long...

Thanks

Bob

LOL. You couldnt make it up, could you?

Funniest read I've had on here for a while

[Brussels Slumdog]

Never discuss your contract or terms with end Client

You were right

Never discuss your contract conditions or terms with end Client
Your contract is between you/umbrella/LTD and the agent and has nothing to do with the clientco

The client was simply looking for a reason to end the contract

[Lolas Cat]

I'm not a very experienced contractor/permie but I would never ever start working for someone without accepting the terms and signing a contract first. I think it's pretty much common sense.

[NotAllThere]

Thanks for reporting back.

[bobsp]

Well finally got there, and they have paid me for the weeks notice. Sent a letter in October, and they responded on the last day, more phone calls etc, and today they have issued the payment for the full weeks notice. (They still would not give me a copy of the contract though) I got Employment Agency Standatds involved who are investigating them now......

I have learned my lesson, and I hope they have.

[bobsp]

Ok I am not going to call them anymore on this matter, I will send a letter giving them 14 days notice. We will see. They admit they have failed on the basics on a number of things but refuse to pay the weeks notice. I have seen an old colleagues contract (they do do them!!) and it has a weeks notice, ok contracts can be different but it looks a very standatd one. I did speak to them for the last time today and they understand where I am coming from but they cant pay the notice as their client wont....

Now better get to this letter, I am not the best at these...

Bob

[bobsp]

Hmm, ok guys thanks. Yes I was shafted on that one. They claim the reason I had to start before I got the contract is because their client needed ne a week early, and that they were getting the contract out to me. I have also been told in the past by someone at the agency they do have the contract on file. Just they won't now send it to me anymore, I guess because their client won't pay them for the notice now...

I will keep on at them for the notice.

I have a new contract now, and had it in my hand a week before starting. Yes, a much better agency. I had to amend that though as this was given as a 6 month contract, but on the actual contract it stated "6 months Ongoing" 6 months is 6 months. Then it gets renewed or ends, surely... They have not come back to me on it though....

Anyway thanks again guys...

Bob

[Wanderer]

I am furious with this agency and the way I have been treated over this.

I'm not surprised. It sounds like you were well shafted. Without any written contract, you can't have any notice period.

Moral of the story is "Don't start work without a contract".