Not starting until contract fully signed setup

**TykeMerc** · 16 February 2011, 16:58

Originally posted by robin View Post

I understand that you should not start a contract until you have the actual contract paperwork in place but how realistic is this all the time? I've already had one contract where they wanted somene so short notice I started and the contract was finalised by my 3rd day on the job. (I had seen the contract before I started and signed it from my side.)

How when the client has a start date of say Monday, if the contract is not setup completely by the time Monday comes how do you just not turn up if the client is expecting you? What if you don't know the cleints details to let them know and I imagine they would not be too impressed if you told them anyhow which may make them worry before you have even started and obvioulsy you can't rely on the agent letting them know the situation.

I can understand how people do just start even though they maybe shouldn't.

I've started 4 or 5 contracts in 20 years before the paperwork was exchanged, the one thing I absolutely won't start without is an acknowledged email which states rate, role expectations (scope if you like), contract terms that I haven't accepted and are being negotiated and duration.
Admittedly I probably wouldn't do that with what I'd consider a tin pot agency.

**The Agents View** · 16 February 2011, 17:31

Originally posted by TykeMerc View Post

I've started 4 or 5 contracts in 20 years before the paperwork was exchanged, the one thing I absolutely won't start without is an acknowledged email which states rate, role expectations (scope if you like), contract terms that I haven't accepted and are being negotiated and duration.
Admittedly I probably wouldn't do that with what I'd consider a tin pot agency.

Agreed - You can lock down many many things legally with email these days. It's not always practical, so sometimes you do have to take a risk - as long as you see it like that, and make a business decision (ie consider risk vs reward) then you'll no doubt come to the right conclusion.

**TheFaQQer** · 16 February 2011, 17:36

I always make sure I've at least seen the contract before starting.

Normally, I explain to the agent that I need to send the contract off for a review, and that will take at least a week, and I'm not insured without it. That gets arses in gear - if they push, then I ask that I just need something in writing from someone in their organization which states that they will cover any liability until a signed contract is agreed...

**nomadd** · 16 February 2011, 17:45

Originally posted by robin View Post

I can understand how people do just start even though they maybe shouldn't.

Used to be more of a problem in the "old days" of snail mail, but these days, as long as you have an electronic copy of the contract and something in writing from the agency confirming the contract and it's schedule, you should be OK. Still don't like to do it myself, but if the client was a "big 'un" and the contract potentially lucrative, well, it's got to be worth a punt for a day or three whilst the paperwork gets sorted.

Having said all that, my last few contracts have been Banks, and these days they won't let you through the door until you, they, the agency and the vetting company, have signed and exchanged at least 300 pages of paper.

**Wanderer** · 16 February 2011, 17:50

As the TheFaQQer says, try and see an example contract at least.

Ask the agency for a copy of their standard contract. At very least, get a "letter of intent" which lists the rate, duration, start date and role so they (or the client) don't try and pull any stupid stunts on you. Do not start without this confirmation or they will try and mess you about.

Really though, I can't see how it takes more than 30 minutes to do a mail merge on a standard contract, get someone else in the agency to double check it and then issue it to the contractor by email.

Unless the client is dicking the agency around and not signing up their part of the contract so they agent can't issue you with your contract....

Refusing to start without a contract usually focuses their minds though. Otherwise they have no urgency to get the damned thing issued.

**strawberrysmoothie** · 16 February 2011, 18:16

Originally posted by Wanderer View Post

As the TheFaQQer says, try and see an example contract at least.

Ask the agency for a copy of their standard contract. At very least, get a "letter of intent" which lists the rate, duration, start date and role so they (or the client) don't try and pull any stupid stunts on you. Do not start without this confirmation or they will try and mess you about.

Really though, I can't see how it takes more than 30 minutes to do a mail merge on a standard contract, get someone else in the agency to double check it and then issue it to the contractor by email.

Unless the client is dicking the agency around and not signing up their part of the contract so they agent can't issue you with your contract....

Refusing to start without a contract usually focuses their minds though. Otherwise they have no urgency to get the damned thing issued.

I second that. I had an incident where an agent was messing me about even getting an electronic copy was a hassle.

The agent tried to convinced me to start on the following monday. I told him I wasn't prepared to start as it would mean I unofficially agreed to the contract ' T&C's ' by showing up for work.

5 minutes later an electronic copy of the contract was in my inbox. I had it professionally read, and 25 unacceptable clauses were found including one that was potentially illegal - the contract was an utter dog.

Mine was an extreme example...you might be totally fine.

Still, I'm glad got all the paper work checked before I decided my next move.

**notpacino** · 17 February 2011, 12:44

You should have at least some sort of confirmation in writing before going onto a client site. The client has to carry insurance to have you in the place and it's as much for the client's protection as your own. I was delayed on contract paperwork at a bank and they simply said not to show up until it was signed.

**RichardCranium** · 18 February 2011, 20:27

You can always ask "please may I have a copy of your template contract?".

I have done this a few times when they have said the variable terms (hours, rate, location, start & end date, notice periods) are not decided.

Not starting until contract fully signed setup