Mandatory Holidays

[Advocate]

This thing normally happens round Xmas time but 5 weeks is a long time - is it one lump or spread out over a certain period. If you think about it - it's equivalent to a > 10% cut in rates anyway.

Can I ask who's the client? Feel free to PM me if you prefer.

Only if you still go in everyday and work for the client during your holidays...

[Bluebird]

If they want you take 5 weeks per year, I'd ask for a new contract for the 12 months they mean !

[Lewis]

If they want you take 5 weeks per year, I'd ask for a new contract for the 12 months they mean !

They just want to amend an existing contract (which I haven't signed or agreed to!). This three way contract thing is daft. I signed an agency contract before I started - assume for a moment - I signed the different three way contract they wanted me to sign AFTER I started. Where does that leave the agency contract? Which has precedence, the three way or the agency contract? All my rate changes and extensions have been made as amendments to the AGENCY contract.

[BankingContractor]

who are the end clients doing this?

HSBC
LTSB
HBOS
NatW
Barclays

??

From what I've read its the first one in the list.

[BrilloPad]

Hi All,

My end client is insisting all contractors take a mandatory 5 weeks holiday as a cost saving exercise. I have no issue with this as I like holidays

However, the paper I have been given to sign to agree to this is an amendment to a tri-partie contract betweem my ltd company, the agency and the end-client. I refused to sign the tri-partie contract when I started as my IR35 insurers said it was a bad thing IR35-wise. I said I have a contract with the agency which I have signed and I wasn't prepared to sign a three way one, the issue went away.

This time the agency is telling me this is a take it or leave it situation and I must sign or leave. The problem is I haven't signed the original contract in the first place so signing an amendment is a bit weird. Ignoring that if I do sign what are the IR35 implications of a three way contract? What are the IR35 implications of a mandatory leave period?

I have sought professional advice (am awaiting reply) but I respect the posters on this forum so thought I would see what people think. I am thinking the best solution is to get an 'appropriate' ammendment to my agency contract and sign that. But I am not sure I will be able to get out of this three way agreement this time round.

As an aside the end client is a global investment bank. They sold the news as "at least we are not giving you a 10% contract rate cut or terminating your contract which is what our competitors are doing". Seems like the bad times are returning ....

Cheers,
Lewis

Is it all cpntractors? I heard of this happening at JP Morgan - the heard it was only support contractors.

The support permies were none to pleased at being told to do unpaid overtime by all accounts...

[moorfield]

The support permies were none to pleased at being told to do unpaid overtime by all accounts...

I hate whinging permies.

[expat]

Only if you still go in everyday and work for the client during your holidays...

As against not going in for 5 weeks, not being paid for those 5 weeks, but having the same amount of work expected of you?

[Lewis]

Is it all cpntractors? I heard of this happening at JP Morgan - the heard it was only support contractors.

The support permies were none to pleased at being told to do unpaid overtime by all accounts...

All contractors in this (reasonably large) part of the organisation. I have heard rumours of 10% rate cuts and/or 10% staff cuts in other banks, so 5 weeks mandatory holiday is not so bad.

[BrilloPad]

All contractors in this (reasonably large) part of the organisation. I have heard rumours of 10% rate cuts and/or 10% staff cuts in other banks, so 5 weeks mandatory holiday is not so bad.

Can I ask if that is development or support or both? So far only 2 rate cuts AFAIK :-

27 May 2008 Merrill 11% http://news.hereisthecity.com/news/b...ews/7896.cntns
09 May 2008 Barcap 10% http://www.theregister.co.uk/2008/05...tractor_rates/

Unless, readers, you know of more?

[Lewis]

With immediate effect all contractors within XXXX are required to take 5 weeks unpaid mandated holiday (pro-rata) during 2008 exclusive of bank holidays. This will ensure that contractors take an appropriate amount of leave in accordance with the Working Time Regulations and that XXXX will be able to make cost savings without the need to reduce contractor rates which so many of our competitors are doing given market conditions.

I have opted out of the flipping Working Time Regulations anyway and I am not an employee of XXXX so they have no control over my holidays.