Reply to: Start work without receiving written contract?

[Denny]

At long last a sensible piece of advice from you Denny.. well done!

All my advice is pretty accurate, DA. The only time I write silly advice is when I'm larking around on the 'General' forum about contractor issues.

Then my creative genius becomes more apparent.

[tim123]

lol - Harvey Nash is in my 'binned for good' folder

I avoid them at all cost as well, but only because I don't want a protracted arguement about why they are not entitled to 35% of the billing for European jobs. I've no idea if they are better for UK ones.

tim

[tim123]

'They are looking for you to start on Monday,initially for 3 months,at the agreed rate of * per day.I will get the contract to you asap.The contract will show Limited Company name - To be advised.As soon as you have this secured let me have the name and we will re-issue the contracts with the correct company name on them.You will not be able to invoice us until we have your limited company details.'

Ah, so you don't have a contract because you don't have a company with whom to form the contract.

Don't you think that it might be a good idea to fix that problem PDQ?

(See the link on the right "Company Formation".)

tim

[expat]

lol - Harvey Nash is in my 'binned for good' folder

Have we ALL done this the hard way?

The mind boggles at the number of contractor hours spent on HN and the others when 10 contractor mins was enough for the entire industry.

Is there room on this site for an agency centric db? It would be a hella useful timesaving tool.

votes? or will I have to post a link next week

erro

I don't want to be a pessimist about this, but isn't the problem that the things that we most need to hear about some agencies are exactly the things that those agencies will seriously attempt to prevent being said. ISTR there was once a site that let contractors rate agencies, but it closed down because some agencies' legal advice suggested that some comments on it were actionable.

I.e. it was shafted by threats and thuggery from the barrow-boys' shysters for letting the cat out of the bag about them.

[errorista]

Good point. I would say Abraxas and Hudson are OK for this kind of problem, but maybe not some others. Don't trust Harvey Nash whatever you do.

lol - Harvey Nash is in my 'binned for good' folder

Have we ALL done this the hard way?

The mind boggles at the number of contractor hours spent on HN and the others when 10 contractor mins was enough for the entire industry.

Is there room on this site for an agency centric db? It would be a hella useful timesaving tool.

votes? or will I have to post a link next week

erro

[DodgyAgent]

If the contract is not prepared yet then you would be silly to turn down the role or delay it in case the rug is pulled out from under you.

Write to the agency and state that you are willing to start on site Monday pending the contract being sent and subject to terms and conditions agreed and signed off. Give them until the end of the week for complete turnaround. If it's not, then tell the client to intervene by Wednesday and if they won't walk. Make sure that you keep your security pass and proof that you were on site and try and get your timesheet signed off. That way they will still have to pay you on the basis that you were on site based on a temporary verbal agreement pending contracts signed.

At long last a sensible piece of advice from you Denny.. well done!

[ASB]

Thanks for the feedback so far. Any other advice would be much appreciated

Have received this yesterday by email from the agent:

'They are looking for you to start on Monday,initially for 3 months,at the agreed rate of * per day.I will get the contract to you asap.The contract will show Limited Company name - To be advised.As soon as you have this secured let me have the name and we will re-issue the contracts with the correct company name on them.You will not be able to invoice us until we have your limited company details.'


Feeling a bit nervous as it's my 1st contract.

You do have a contract...

If it does goe tits up for any reason then that email communication will probably prove binding.

[Denny]

Can you tell us who the agency is? There are some agents I wouldn't entertain this arrangement with, but some I might.

Good point. I would say Abraxas and Hudson are OK for this kind of problem, but maybe not some others. Don't trust Harvey Nash whatever you do.

[Mordac]

Can you tell us who the agency is? There are some agents I wouldn't entertain this arrangement with, but some I might.

[Denny]

Thanks for the feedback so far. Any other advice would be much appreciated

Have received this yesterday by email from the agent:

'They are looking for you to start on Monday,initially for 3 months,at the agreed rate of * per day.I will get the contract to you asap.The contract will show Limited Company name - To be advised.As soon as you have this secured let me have the name and we will re-issue the contracts with the correct company name on them.You will not be able to invoice us until we have your limited company details.'


Feeling a bit nervous as it's my 1st contract.

I wouldn't worry too much. Sometimes these things can take a bit of time. I've also started roles but not got the contract signed and sent back before starting. Now that the agency have written to you spelling out what they intend to do, then I think you have little to worry about. I would still write that e-mail to them in the way I phrased it though. That way, if the terms they send you are unsatisfactory and need altering in some way then you are free to change them. If you don't write ' pending contract terms agreed' then you effectively agreeing the terms already set out without seeing them and that's what you've agreed to sign up to.

[sonu]

Thanks for the feedback so far. Any other advice would be much appreciated

Have received this yesterday by email from the agent:

'They are looking for you to start on Monday,initially for 3 months,at the agreed rate of * per day.I will get the contract to you asap.The contract will show Limited Company name - To be advised.As soon as you have this secured let me have the name and we will re-issue the contracts with the correct company name on them.You will not be able to invoice us until we have your limited company details.'


Feeling a bit nervous as it's my 1st contract.

[Denny]

And if you've got things like Professional Indemnity Insurance they are usually invalidated if you are working without cover of a contract as essentially you are only onsite as a visitor and not a contractor.

Also how likely is it that people will pull their finger out and get a contract to you if you've already started? Your bargaining position will have gone

If the contract is not prepared yet then you would be silly to turn down the role or delay it in case the rug is pulled out from under you.

Write to the agency and state that you are willing to start on site Monday pending the contract being sent and subject to terms and conditions agreed and signed off. Give them until the end of the week for complete turnaround. If it's not, then tell the client to intervene by Wednesday and if they won't walk. Make sure that you keep your security pass and proof that you were on site and try and get your timesheet signed off. That way they will still have to pay you on the basis that you were on site based on a temporary verbal agreement pending contracts signed.

[boredsenseless]

Yes. Don't leave home without it.

You can choose to ignore this advice if you wish and no doubt 90% of cats never have a problem, but if you are in the 10% who do, you are stuffed.

tim

And if you've got things like Professional Indemnity Insurance they are usually invalidated if you are working without cover of a contract as essentially you are only onsite as a visitor and not a contractor.

Also how likely is it that people will pull their finger out and get a contract to you if you've already started? Your bargaining position will have gone

[threaded]

"A verbal contract is worth the paper it is not written on."

[tim123]

Hi all

I'm new to contracting and have been asked to start work for a client on Monday. Should I insist on having a copy of the contract prior to starting work?

Yes. Don't leave home without it.

You can choose to ignore this advice if you wish and no doubt 90% of cats never have a problem, but if you are in the 10% who do, you are stuffed.

tim