Reply to: Contract got cancelled before I started - What can/should I do ?

[Stan.goodvibes]

Sometimes even having the paperwork doesn't help. I was over in Sydney for a long weekend last year (working in NZ at the time) and went to an interview with Westpac Bank out in West Sydney. Got accepted for the role, handed in my notice in Auckland, packed up the house, got tickets etc etc. the Friday night before i was due to fly out on the Saturday and start on the Monday the agent rings and says Westpac cancelled the project. Actually I lie - he txted me at 11pm.

No comeback from that even with a contract.

It's not the first time such things have happened. I walked into a contract start day at Nomura back in the 90s and the guy who was to be my boss looked at me and said 'we aren't ready for you, go and chat to your agent'. Agent said well sod them I've got another interview for you, and I went and got what turned out to be the best and longest running contract I've ever had.

The above Sydney debacle got me off my butt and over here and I scored a better role in the CBD for $200/day more.

In my opinion it's best to assume that some higher being has something better for you and just walk away to your next opportunity. It's the fun part of contracting - nothing is ever certain. Keeps you on your toes and stops you getting settled into the illusion that job=security.

[strawberrysmoothie]

Get all contract paperwork sorted out before you start.

There is absolutely no incentive for the agent to change once you have started. (And the majority will not.)

In fact it's worth delaying your start date by one day to make the agent pull their finger out and send out the correct contract.

Wise words SueEllen.

Never. EVER start a contract without sorting out the the paper work. Once you walk through a clients doors you agree to the agency 'terms and conditions' even if you have NOT signed the contract because you have shown up for work.

As SueEllen say's delay the start date if you have to, as (if you are getting your contract read - which you should); clauses will crop up in the contract that will put you on a back foot for your business. For example, I once had a agent try to put a clause in an overseas contract that prevented me resigning for 3 months - i told him to go procreate himself.

Your a business you have to protect your own interests as no one is going to do it for you.

[DeludedAussie]

OP. Fantastic attitude.

Read the original post and was about to reply, when I saw your last post.

With this one post, you demonstrate the right attitude, ability to learn, be flexible and the 'get on with it modus operandi'

You're going to do well. Let us know how you get on.

Yeah - very well at this rate

[stek]

I got -ve rep for this today, who was it?!!

Not bothered, didn't cost me any points so must of been a noob...

Watching Embarrassing Fat Bastards on C4, phew, not me this week, I don't eat and yet. I'm still fat, I walk everywhere and go to the gym, yes, I've invented a new energy source, people who don't eat and still grow, wire us up to the National Grid now, forget Nooculear....

Golu's unite!!!

[SueEllen]

the first contract contains information about the old location which I agreed to, and the rate....The agency will do me a new contract but it might not be before I actually join the new place

Get all contract paperwork sorted out before you start.

There is absolutely no incentive for the agent to change once you have started. (And the majority will not.)

In fact it's worth delaying your start date by one day to make the agent pull their finger out and send out the correct contract.

[golu]

Nope it doesn't work like that. You are not an employee. This is a B2B contract.

Once you have accepted a contract then you have to work until either you give the full notice required on the contract (if there is any) or you use your right of substitution.

You may not be able to give notice at all so then you have to find a substitute to take your place.

Also you should have got your contract reviewed before you accepted the first role.

The fact that the agency doesn't have to amend the contract indicates that it's not been properly written to record all the addresses that are relevant to the role.

This kind of thing can cause you problems if the client then requests you to work at different sites for them.

Edited to say: one thing when using agencies is to remember they are looking out for their own interests and they are quite happy to screw both you and the end-client over to some extend. Hence your duty is to ensure you don't get screwed over which end-clients can often help with.

the first contract contains information about the old location which I agreed to, and the rate....The agency will do me a new contract but it might not be before I actually join the new place

[SueEllen]

thank you MarillionFan and TykeMerc for your encouraging words.

stek - you are correct, golu means fat boy in hindi, it was the pet name i never had but wanted when I was a kid, apparently i wasn't fat enough...

I have now found another contract with same agency( and same consultancy )which starts next week, although its in a different location. Now my question was I have applied for couple of other positions and haven't heard back yet. the issue with new contract is its in a different location which means commuting daily becomes difficult for me, however I don't want to let it go because I don't know if I will be selected for the two positions which are nearer to my place...

The agency haven't done me a new contract and the contract still says old place( which wasn't as bad from traveling point of view ), if i start the new contract, can I leave it after few days if the traveling doesn't suit me ( and the contract is not updated to reflect the old place ) without respecting the notice period mentioned in the contract( its four weeks ) ?

Also can I argue that the new contract is not in the same location and so the old contract notice period isn't really valid ?

thanks,

Golu

Nope it doesn't work like that. You are not an employee. This is a B2B contract.

Once you have accepted a contract then you have to work until either you give the full notice required on the contract (if there is any) or you use your right of substitution.

You may not be able to give notice at all so then you have to find a substitute to take your place.

Also you should have got your contract reviewed before you accepted the first role.

The fact that the agency doesn't have to amend the contract indicates that it's not been properly written to record all the addresses that are relevant to the role.

This kind of thing can cause you problems if the client then requests you to work at different sites for them.

Edited to say: one thing when using agencies is to remember they are looking out for their own interests and they are quite happy to screw both you and the end-client over to some extend. Hence your duty is to ensure you don't get screwed over which end-clients can often help with.

[golu]

thank you MarillionFan and TykeMerc for your encouraging words.

stek - you are correct, golu means fat boy in hindi, it was the pet name i never had but wanted when I was a kid, apparently i wasn't fat enough...

I have now found another contract with same agency( and same consultancy )which starts next week, although its in a different location. Now my question was I have applied for couple of other positions and haven't heard back yet. the issue with new contract is its in a different location which means commuting daily becomes difficult for me, however I don't want to let it go because I don't know if I will be selected for the two positions which are nearer to my place...

The agency haven't done me a new contract and the contract still says old place( which wasn't as bad from traveling point of view ), if i start the new contract, can I leave it after few days if the traveling doesn't suit me ( and the contract is not updated to reflect the old place ) without respecting the notice period mentioned in the contract( its four weeks ) ?

Also can I argue that the new contract is not in the same location and so the old contract notice period isn't really valid ?

thanks,

Golu

[stek]

Worth mentioning too that golu is a Hindi word, for like fatboy I think!

Just saying....

[TykeMerc]

What MarillionFan said goes for me too.
It's a bitch when this sort of thing happens, but it's very much a reality of contracting, your attitude to the event and peoples advice on here indicates you've got the mindset to survive.

Best of luck with the next one.

[MarillionFan]

Thank you all for your replies, I think I made a mistake of not looking anymore once this was confirmed, but I will learn from it.

As you all rightly advised I will not spend my time on it and hit the job search tomorrow morning.

OP. Fantastic attitude.

Read the original post and was about to reply, when I saw your last post.

With this one post, you demonstrate the right attitude, ability to learn, be flexible and the 'get on with it modus operandi'

You're going to do well. Let us know how you get on.

[golu]

While agents lie most of the time they tend not to lie about contracts being cancelled at the last minute. They want you on site asap so they can start billing the client.

As the others said look for a new contract and next time don't stop looking until the day you are on site as you are now aware one thing clients like about contractors is that they can drop them immediately.

Thank you all for your replies, I think I made a mistake of not looking anymore once this was confirmed, but I will learn from it.

As you all rightly advised I will not spend my time on it and hit the job search tomorrow morning.

[SueEllen]

While agents lie most of the time they tend not to lie about contracts being cancelled at the last minute. They want you on site asap so they can start billing the client.

As the others said look for a new contract and next time don't stop looking until the day you are on site as you are now aware one thing clients like about contractors is that they can drop them immediately.

[Support Monkey]

No, the company has no obligation to you, that's part of the risk of being a contractor.

And as for finding someone cheaper, so what? Would you be prepared to work for less? If they can get someone cheaper you need to discover a USP to separate you from the cheap guys.

and thats the way it is, welcome to contracting, don't spend your time worrying about what should or should not have happened, yur time will be better sepent finding another contract

[SimonMac]

What should you do?

Find a new contract