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Reply to: Onsite, no contract and insurance
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Previously on "Onsite, no contract and insurance"
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Without the contract in place between the agency / umbrella then there is no obligation on the agency to make payment - so I would always push for it to be in place, unless you are comfortable with the relationship with the agency?
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Tell your employer (The Umbrella) what is happening, onus then on them.
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Originally posted by curtis View Post...seem to still be faffing and dragging their heels...
First you go to your umbrella and ask them if they have seen any paperwork or are aware of when it is due
Then you go to the agent and ask them if they have seen any paperwork or are chasing the client and know when it is due
Then you speak to the client.
I've seen contractors before assume that it is the end client who is delaying things, but either they have already done their piece, or the agency has forgotten.
So, you need to go up the chain, in order, and ask each one what is happening.
If the client says they have already sent through the paperwork, then you go back down the chain to the agent and then umbrella to find out where the delay is. If they haven't sent the paperwork then you need to make a call on whether you risk it or not.
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The contract is between the agency and umbrella, there is nothing to say you will even see it so it might already be in place
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So there are a couple of angles here. Firstly if you turn up and they are willing to pay then there is a contract, it's called an implied contract.
https://www.peninsulagrouplimited.co...ally%20binding
They expect you there and you expect to get paid is enough to create a binding implied contract so if they want you there and you turn up then in theory everything should be good. Insurances are valid and so on.
Problem is, without an express contract i.e. in words, then christ knows what will happen when it goes wrong. It's going to be a right bun fight. Law is on your side if you can prove it without a doubt but until you start paying legal people it's all he says she says (if you are allowed to say that nowadays!).
Can you turn up and start work and expect to be paid, yes. Should you? IMO no. You push them hard with the threat of not turning up. Everyone expecting payment from your work, brolly and agent, will do their damndest as they losing money as well.
Personally? No I wouldn't turn up until I have a contract. In the past I've had to turn up and wait in the car park until 10am at which point I got the call and went in but once I've also not turned up on the Monday and went in Tuesday when it was sorted. I'm sure in near on 100% of times the implied turned in to express and everything was sorted. Just not for me personally.
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Onsite, no contract and insurance
The place I'm currently working at has left it to the last week to sort out my extension and seem to still be faffing and dragging their heels.
I work though an umbrella company and I know in general its not a good idea to be back onsite with no contract (on the basis they don't sort it in time)but its my understanding that if you come back onsite with no contract you are not insured either, is this the case?
I will use this if this is the case to get them to hurry up otherwise I will not be showing up the following Monday.Tags: None
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