Reply to: Postponed start date!?

[kevinlam]

IMO if you're issued with a contract and it's all signed (by both parties) but the start date is postponed then the contract is null and void. The agency should reissue the contract again, corrected, for you to agree to or disagree to. And before this happens you're free to do what you want. Worth checking the contract terms though in case it states that they reserve the right to change the start date.

As others have said don't stop looking for a contract until you're bum is on the seat and the contract is all signed. In fact, even then, keep good relations with the agents who call you in case your circumstances suddenly change.

OP seems to be a newbie. Regarding what to do if you have multiple offers. Well, I tend to be open and honest with all of them. So in your case if you think another offer will land on your table by a second client, tell the first client and maybe they will get their finger out to get their final offer and start date on the table for you.

Thanks for the reply. This is indeed my first contract... The first contract came back with some problem with the budget. At last they are telling me the truth. Appearently they are sorting that out, but my second position is starting on wed. So I think that would be it.

[SuperZ]

IMO if you're issued with a contract and it's all signed (by both parties) but the start date is postponed then the contract is null and void. The agency should reissue the contract again, corrected, for you to agree to or disagree to. And before this happens you're free to do what you want. Worth checking the contract terms though in case it states that they reserve the right to change the start date.

As others have said don't stop looking for a contract until you're bum is on the seat and the contract is all signed. In fact, even then, keep good relations with the agents who call you in case your circumstances suddenly change.

OP seems to be a newbie. Regarding what to do if you have multiple offers. Well, I tend to be open and honest with all of them. So in your case if you think another offer will land on your table by a second client, tell the first client and maybe they will get their finger out to get their final offer and start date on the table for you.

[kevinlam]

Latest development on this, the promised start date has been once again postponed to next Monday(was this Thursday) due to "require a final signature". I called up my other clients and secured a rolling contract ith them starting next week. Same rate, 3 months rolling to infinity rather than 6 months fixed. The only concern is that they are consultancy rather than bank which I want to get back into. Should I dump the first one and go for this instead?

Surely I wouldn't have burnt any bridges because the agent had failed me on 3 consecutive start dates and it is fair for me to action now right?

[Wanderer]

they keep postponing the date, am I allowed to terminate the contract with immediate effect and go for another one on the basis that that the start date is postponed?

I would say yes, but do every thing you can to honour the original contract.

Tempting as it may be, don't bin the first contract until a better one comes up and you are certain that you have the new one in the bag (eg, you've started on site).

Not a pretty situation but clients know that if they mess people about then they will walk away from the deal and sometimes people just walk away for no apparent reason. It's a bit annoying to both sides but that's business.

[kevinlam]

And what if in my situation when I have signed the contract which states that the start date is two weeks ago but they keep postponing the date, am I allowed to terminate the contract with immediate effect and go for another one on the basis that that the start date is postponed?

[SueEllen]

When you guys say keep looking for other contract until you start the one you signed. How do you do that? Suppose you secured several contracts and by what you said, all agents will be asking you to accept the offer and sign the contracts. Surely, you don't want to say yes to all and sign all, then only work for one of them, that will really piss the agents off?

1. When you meet the client and asking about the work you ask them how soon they want you to start.
2. If they don't give an indication or say something like the budget isn't signed off, then you delay signing the contract. You are allowed to get the contract reviewed and any amendments have to be agreed by both parties.

[kevinlam]

When you guys say keep looking for other contract until you start the one you signed. How do you do that? Suppose you secured several contracts and by what you said, all agents will be asking you to accept the offer and sign the contracts. Surely, you don't want to say yes to all and sign all, then only work for one of them, that will really piss the agents off?

[SueEllen]

Not if they phone you up and say they need to delay it. Which isn't unknown.

WHS


Most companies who write contracts, whether perm, temp or contractor, give you the start date at the last moment there as agencies give you the start date asap. This is because if you don't make any money the agent doesn't either. In lots of cases where there is an agency involved the agency will push the start date to be as early as possible even though client company isn't actually ready.

[d000hg]

Yes - but if you were a permie you would turn up on the start date in your contract regardless and expect to be paid.

Not if they phone you up and say they need to delay it. Which isn't unknown.

[kevinlam]

Ah you must have been caught up in the Cerberus transition, I can't say I'm surprised this sort of thing happened. The communications I saw from Cabinet and Home Offices about it looked vastly too optimistic.

Kevinlam, it's probably about equal odds that the client is incompetent and has long lead times or that they're genuinely prevaricating because they've not got the budget signed off. Whichever it is it can be irritating.

While I was trying to call back my agencies, the director of the project called me to reassure me that the budget has been signed off and it's just a case of completing the on boarding process...

[TykeMerc]

Welcome to contracting. Be glad you're not waiting for security clearance; you might have been sat at home watching Wimbledon while waiting for that to get sorted.

3 months and waiting for me to get SC. DVA sat on my forms for 2 months and then asked me to resubmit online. Luckily on site and getting paid, some work I can do.

Ah you must have been caught up in the Cerberus transition, I can't say I'm surprised this sort of thing happened. The communications I saw from Cabinet and Home Offices about it looked vastly too optimistic.

Kevinlam, it's probably about equal odds that the client is incompetent and has long lead times or that they're genuinely prevaricating because they've not got the budget signed off. Whichever it is it can be irritating.

[JoJoGabor]

[QUOTE=RichardCranium;1332097]Welcome to contracting. Be glad you're not waiting for security clearance; you might have been sat at home watching Wimbledon while waiting for that to get sorted.
/QUOTE]

3 months and waiting for me to get SC. DVA sat on my forms for 2 months and then asked me to resubmit online. Luckily on site and getting paid, some work I can do.

[northernladuk]

The agent just forwarded me the email from the director saying that the account setup is delayed again for another two days,!!!! Should I pull out and look for another one now?

Do I have the right to pull out because they have breached the contract by not starting as stated in the contract?

But what do I say to the other agents? Do I say this contract is in question and that's why I am looking again or should I say nothing and talk to them as if I don't have anything in hand?

As i saw the directors email, i think there is no question about the existence of the contrac but just that I can't wait indefinitely!?

Could someone advise me from their experiences please.

Kev

It is not a breach of contract. Suck it up, it happens a lot. You shouldn't stop looking for other contracts though. It isn't unheard of for people to turn up on the first day to find out the role has been canned. Until you are sat at your desk at client site with a signed contract don't stop looking for roles.

[kevinlam]

The agent just forwarded me the email from the director saying that the account setup is delayed again for another two days,!!!! Should I pull out and look for another one now?

Do I have the right to pull out because they have breached the contract by not starting as stated in the contract?

But what do I say to the other agents? Do I say this contract is in question and that's why I am looking again or should I say nothing and talk to them as if I don't have anything in hand?

As i saw the directors email, i think there is no question about the existence of the contrac but just that I can't wait indefinitely!?

Could someone advise me from their experiences please.

Kev

[jmo21]

Yes - but if you were a permie you would turn up on the start date in your contract regardless and expect to be paid.

They have said to him that although his contract has started they currently don't have a way for him to do his work so they don't need his services for now. To me that is a good indicator for no Mutuality of Obligation.

It's never happened to me, but it wouldn't suprise me if there are folks out there who have had permie start dates put back and not gotten paid from the original start date.