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Contract signed but agent/clientco now delaying start date

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    Contract signed but agent/clientco now delaying start date

    I recently signed a new contract that was supposed to commence this week (date specifically written in the contract), but the clientco and agent are delaying my start date with internal paperwork and aren't able to give me a new start date.

    I'd usually take a couple of days delay on the chin and be understanding to the situation, but the problem for me now is that I'm running an unknown risk of what could become weeks or months of delay and who knows.... my contract could even vanish in a puff of smoke. What is making me more hesitant about sitting this one out is how my last two contract opportunities fell through at the last moment, both for reasons beyond my control (budget cuts, and 3rd parties).

    I'm now taking calls about other contracts, and have even given in to sending my CV off for a few to keep irons in the fire.

    Does a contract agreement usually hold even though the start date has passed but the contractor is not allowed to start work, or is it now broken?
    I've read through the contract, and it doesn't really say what I can do in this situation. Force Majure may have been a way out, but I don't have that clause in my new contract

    #2
    Originally posted by CheeseSlice View Post
    I recently signed a new contract that was supposed to commence this week (date specifically written in the contract), but the clientco and agent are delaying my start date with internal paperwork and aren't able to give me a new start date.

    I'd usually take a couple of days delay on the chin and be understanding to the situation, but the problem for me now is that I'm running an unknown risk of what could become weeks or months of delay and who knows.... my contract could even vanish in a puff of smoke. What is making me more hesitant about sitting this one out is how my last two contract opportunities fell through at the last moment, both for reasons beyond my control (budget cuts, and 3rd parties).

    I'm now taking calls about other contracts, and have even given in to sending my CV off for a few to keep irons in the fire.

    Does a contract agreement usually hold even though the start date has passed but the contractor is not allowed to start work, or is it now broken?
    I've read through the contract, and it doesn't really say what I can do in this situation. Force Majure may have been a way out, but I don't have that clause in my new contract
    As a specified date has been stated, could the following apply?

    1. Breach of contract. or
    2. Retainer fee.
    If your company is the best place to work in, for a mere £500 p/d, you can advertise here.

    Comment


      #3
      Just keep applying and interviewing until the very last minute. The contract is null. Keep quiet about this contract to agents, and vice versa.
      What happens in General, stays in General.
      You know what they say about assumptions!

      Comment


        #4
        Originally posted by MarillionFan View Post
        Just keep applying and interviewing until the very last minute. The contract is null. Keep quiet about this contract to agents, and vice versa.
        WHS

        Keep your options open. Gently prod the agent by pointing out that you are not looking to be taking a break from work at the moment and you would like to get started ASAP.

        If something comes up, I'd give first option to the contract you've signed but if they can't sort their act out within a reasonable amount of time then you've got to move on and do business elsewhere.
        Free advice and opinions - refunds are available if you are not 100% satisfied.

        Comment


          #5
          Originally posted by CheeseSlice View Post
          Does a contract agreement usually hold even though the start date has passed but the contractor is not allowed to start work, or is it now broken?
          This has come up before.

          The consensus was do as MF said as there are always clauses in the contract (unless it's IR35 caught) that the agency doesn't have to offer your company work and your company doesn't have to take it.

          This is so they can get rid off you easily if needs be. However in situations like this it means that if you don't start due their problems then you can go off and find other work.
          "You’re just a bad memory who doesn’t know when to go away" JR

          Comment

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