Being Urged to sign a new contract, despite one being in place?

**Lance** · 10 December 2020, 11:00

Originally posted by FreakShow View Post

Hi,

I've just started contracting and am still very much learning a lot as I go. I signed my contract at the start of November, starting work for them at the end of November. The contract is with a recruiting company that is acting on behalf of the client. The contract is in place for 6 months until the start of June and I am perfectly happy working on those terms.

They have updated the contract to add extra detail in about indemnity insurance, requiring insurance for 12 months after the end of the contract. I realise it is a fairly standard clause and if it had been there in the first place, I would have signed it. But I have now signed a contract and don't really feel it necessary to sign the new one. I have the insurance in place and am happy to provide evidence of this. They've also tweaked the wording around work location, which I am definitely not wanting to change.

Is this something I have to sign? I feel that the 6 month contract I have is valid and needn't be changed.

Thanks for any input.

Are you sure those are the only changes? Is this what they've told you or have you checked?

No you don't have to sign it.
But they could, if they are that way inclined, serve notice on you. That seems unlikely but it depends on what their legal/compliance policy is.

If it's of no material benefit to you to not sign then just sign it. This is business, not a job where you can get arsey just for the sake of it.

**ladymuck** · 10 December 2020, 11:03

Essentially, the agency is replacing the existing contract with a new one.

You need to check your existing contract about variations and determine the impact of not accepting the new contract on the continuation of the existing one.

Are the changes around work location materially different or do you think it's just covering for a future scenario that may/may not come to fruition?

**northernladuk** · 10 December 2020, 11:15

Originally posted by FreakShow View Post

But I have now signed a contract and don't really feel it necessary to sign the new one. I have the insurance in place and am happy to provide evidence of this.

You don't feel it necessary but you don't hold the purse strings. You are reliant on the agency so a little on the backfoot here. You could hold out until they give you notice and then issue the new one after. They'll get your signature in the end so up to you if you want to look like a problem in the meantime.

They've also tweaked the wording around work location, which I am definitely not wanting to change.

Ah, now it get's interesting. Does the wording reflect the reality? Is it just something they want in but won't change anything? What does the client say about location? You are quite within your right not to accept but again, expect notice to be served and a new contract to be served. The way out here is negotiation. Open a dialog with the agency to see if you can work around it. If it's not that important they should fold if you are willing to walk.

Is this something I have to sign? I feel that the 6 month contract I have is valid and needn't be changed.

It's only valid until it's terminated....

**FreakShow** · 10 December 2020, 11:24

Hi,

Thanks for the fast responses. I have used a PDF comparison tool to confirm the changes. It is just the indemnity section and the location that is different.

With the indemnity clause, that's something that I can see is standard to other contracts. I guess I can't really hold out too much on that so wouldn't argue too much about it. I will check the contract for variations to the contract though and see what it says.

The location was agreed to be remote. It's a point I made very clear and was agreed to. They have now changed the location to say it's remote and on site (which is not in the UK!). This is something I am quite clear that at least for the first 6 months, what with COVID and all, I would rather stay remote. If they had at that time said I might need to be on site for an allotted time, I could have thought about it.

**TheDogsNads** · 10 December 2020, 12:08

Originally posted by FreakShow View Post

Hi,

I've just started contracting and am still very much learning a lot as I go. I signed my contract at the start of November, starting work for them at the end of November. The contract is with a recruiting company that is acting on behalf of the client. The contract is in place for 6 months until the start of June and I am perfectly happy working on those terms.

They have updated the contract to add extra detail in about indemnity insurance, requiring insurance for 12 months after the end of the contract. I realise it is a fairly standard clause and if it had been there in the first place, I would have signed it. But I have now signed a contract and don't really feel it necessary to sign the new one. I have the insurance in place and am happy to provide evidence of this. They've also tweaked the wording around work location, which I am definitely not wanting to change.

Is this something I have to sign? I feel that the 6 month contract I have is valid and needn't be changed.

Thanks for any input.

Cutting to the chase, it all comes down to if you stand your ground, are you comfortable that the client could terminate your existing contract and walk you off site?

These are challenging times to find work and that, unfortunately, puts power in the hirer's lap.

It is both right and easy to stand your ground and say nope, not signing as we already have an agreed contract, but, there could be consequences.

Im pretty sure one or two extensions didnt come my way because I dug in on some things. But times were better then and you could move to a new role within a week or so and even days.

**FreakShow** · 10 December 2020, 13:00

Thanks for your inputs.

I confirmed the difference with a PDF comparison tool. It's definitely just the location and the indemnity clauses that changed.

The indemnity change is probably OK really. I have the insurance, I can provide that. It needs to cover for 12 months after I complete the contract too, which is fairly standard. The fact it wasn't there before doesn't change that I had the insurance in place.

The location change is something I will dig my heels on, as I had the original contract changed to make sure it was a remote only position. This can be discussed for any contract extension, but with covid times, remotely is just fine, especially as the client site is not UK based.

The contract I currently have does state that only changes will be as agreed. So I guess they could give my notice and that'll be that. I'm prepared to walk away over the second item.

**Lance** · 10 December 2020, 13:18

Originally posted by FreakShow View Post

Thanks for your inputs.

I confirmed the difference with a PDF comparison tool. It's definitely just the location and the indemnity clauses that changed.

The indemnity change is probably OK really. I have the insurance, I can provide that. It needs to cover for 12 months after I complete the contract too, which is fairly standard. The fact it wasn't there before doesn't change that I had the insurance in place.

The location change is something I will dig my heels on, as I had the original contract changed to make sure it was a remote only position. This can be discussed for any contract extension, but with covid times, remotely is just fine, especially as the client site is not UK based.

The contract I currently have does state that only changes will be as agreed. So I guess they could give my notice and that'll be that. I'm prepared to walk away over the second item.

personally I'd take the location to be "as agreed between both parties as required. All travel and accommodation expenses incurred when not working from <INSERT HOME> to be reimbursed by the client to the contractor"

**eek** · 10 December 2020, 13:20

Originally posted by FreakShow View Post

Thanks for your inputs.

I confirmed the difference with a PDF comparison tool. It's definitely just the location and the indemnity clauses that changed.

The indemnity change is probably OK really. I have the insurance, I can provide that. It needs to cover for 12 months after I complete the contract too, which is fairly standard. The fact it wasn't there before doesn't change that I had the insurance in place.

The location change is something I will dig my heels on, as I had the original contract changed to make sure it was a remote only position. This can be discussed for any contract extension, but with covid times, remotely is just fine, especially as the client site is not UK based.

The contract I currently have does state that only changes will be as agreed. So I guess they could give my notice and that'll be that. I'm prepared to walk away over the second item.

Given the fact that you changed the original contract to be remote only could it be possible that the only real change to the original template contract is the indemnity bit and that the location bit is no different from the original clause before you changed it.

I would just highlight the fact that the original location clause was changed to remote only prior to the contract being signed and ask for it to be reinstated.

**FreakShow** · 10 December 2020, 14:02

The company are good in that they do pay for any time in the host country, so that's stipulated. But I'm pushing for the contract to state remote and if the client asks for an onsite visit, then I can determine if its worth the trip and what the current covid regulations etc are.

No, it was agreed on email that the new contract would have remote. The fact its changed back is not an inadvertent mistake. I'm only provided a PDF copy, so can't manually change it.

I've had a discussion with the agency and they have apparently had these updates requested from the client after a review. I'm not sure why they didn't review the contract before I signed it. Will see how they reply with it for now.

Gives me some confidence to push back though, thanks!

Being Urged to sign a new contract, despite one being in place?