Recruitment Agency does not supply a contract for a contract?

[Old Greg]

Tell the agency that you have a standard contract and you will be taking it to the end client with the intention of entering a direct contract with them. They may get the point then.

[Gulliver]

A lack of a written contract does not mean a lack of contractual relationship.

Verbal commitments, "industry norms", the actions of a reasonable person and many other things can be taken as part of that. It's cruelly complex to sort this stuff out and I'm so far from being a lawyer than I can state as fact that I've probably missed half the factors.

Payment terms ?
Notice period ?
Who is the contract with ?

That's an issue, for all you know the contract is with the agent, or his cat.
You have reached some sort of agreement with an agent, does his boss know ?
What if the firm has a policy of 20% margins and you've negotiated 12% ?

I would not in any way be shocked if the day before you start you got a call saying "my boss says we can only pay you X", where £X is rather less than you agreed leaving you with the options of losing pay whilst you looked for a new assignment or losing pay whilst you work.

I can't even guess at the IR35 implications, but will bet they are bad.

The only time I ever hired a contractor without a contract was when the tulip had hit the fan big time and said "go there sort the tulip out and we'll sort the money", but this guy had known me for 15 years so knew I wouldn't shaft him.

I was also very surprised as I myself would never contract anyone without a written contract. This is the only recruiter I dealt with who does not understand this.

[Gulliver]

No


You have already been told what to use. The PCG contract isn't a random one.

Also if you are in England you do have a contract with the agency it's just not a written one. This means if anything goes wrong you are screwed.

PCG contract templates are members only. https://www.pcg.org.uk/contracts-whe...through-agency

[Dominic Connor]

Ending in tears

A lack of a written contract does not mean a lack of contractual relationship.

Verbal commitments, "industry norms", the actions of a reasonable person and many other things can be taken as part of that. It's cruelly complex to sort this stuff out and I'm so far from being a lawyer than I can state as fact that I've probably missed half the factors.

Payment terms ?
Notice period ?
Who is the contract with ?

That's an issue, for all you know the contract is with the agent, or his cat.
You have reached some sort of agreement with an agent, does his boss know ?
What if the firm has a policy of 20% margins and you've negotiated 12% ?

I would not in any way be shocked if the day before you start you got a call saying "my boss says we can only pay you X", where £X is rather less than you agreed leaving you with the options of losing pay whilst you looked for a new assignment or losing pay whilst you work.

I can't even guess at the IR35 implications, but will bet they are bad.

The only time I ever hired a contractor without a contract was when the tulip had hit the fan big time and said "go there sort the tulip out and we'll sort the money", but this guy had known me for 15 years so knew I wouldn't shaft him.

[Boo]

You have already been told what to use. The PCG contract isn't a random one.

Neither is the QDOS one available here: Free Guides and Templates - Contractor Guides - IR35 Contracts - Qdos Freelancer Shop - Contract Templates and I prefer it to the PCG one, personally.

Boo

[SussexSeagull]

I personally would have nothing further to do with them.

[Gulliver]

Who is the agency? Is this for real? You are winding us up aren't you.

I would just give them a copy of the PCG contract and tell them those are my terms of business.

It is for REAL, the agency is Gemini Search

[Gulliver]

Are you for real?

Let me google that for you.

Thanks.

[Wanderer]

I've come across a recruitment agency who says that they don't supply contractors with a contract.

Who is the agency? Is this for real? You are winding us up aren't you.

I would just give them a copy of the PCG contract and tell them those are my terms of business.

[Contreras]

I don't fancy finding a random template on google. Unless you could recommend me one.

Are you for real?

Let me google that for you.

[TheFaQQer]

Do you think I could use any of my previous recruiter's contract as a template?

You could.

Did you have it checked for IR35? Did you have it checked for decent business terms? If so, and you are happy with everything, then great.

I wouldn't, though. I'd find one that I liked the look of, and then tailored it to what I wanted. This is a golden opportunity for you to do what you want - if the agency aren't going to provide a contract, then you can write what you want into it.

I'd start with invoicing every Friday, payment to be made via BACS no later than the following Tuesday....

I don't fancy finding a random template on google. Unless you could recommend me one.

So don't use a random one. Find one on Google which looks like it is from a reputable source, eg. PCG or Qdos.

Any recommendation from anyone on here, unless you know them personally, is as worthless as going onto Google yourself, surely?

[SueEllen]

Do you think I could use any of my previous recruiter's contract as a template?

No

I don't fancy finding a random template on google. Unless you could recommend me one.

You have already been told what to use. The PCG contract isn't a random one.

Also if you are in England you do have a contract with the agency it's just not a written one. This means if anything goes wrong you are screwed.

[Gulliver]

Hi,

I've come across a recruitment agency who says that they don't supply contractors with a contract. All of my other recruiters supply me with a contract before the start of the contract which has to be signed by me and includes the terms and conditions of working at the client.

This very recruiter have already given me 3 works and paid so they are not a scam. But it really bothers me that I don't get an official contract with all my rights and obligations laid out as a contractor. Also, my insurance provider (qdos) only covers me for work where there is a contract.

Any ideas?

Do you think I could use any of my previous recruiter's contract as a template? I don't fancy finding a random template on google. Unless you could recommend me one.

[TheFaQQer]

Any ideas?

Get a contract template, complete it, and send it over to the agency. Tell them you don't work without a written contract (for example, what is your termination period, notice period, payment schedule, rate....) so if they can't write one then this is the one that you will be using.

[Gulliver]

Hi,

I've come across a recruitment agency who says that they don't supply contractors with a contract. All of my other recruiters supply me with a contract before the start of the contract which has to be signed by me and includes the terms and conditions of working at the client.

This very recruiter have already given me 3 works and paid so they are not a scam. But it really bothers me that I don't get an official contract with all my rights and obligations laid out as a contractor. Also, my insurance provider (qdos) only covers me for work where there is a contract.

Any ideas?