If your contract does not stipulate anything about holidays and you were not warned during contact negotiation, how enforceable "legally" is a "contractors will take three weeks off at Christmas" dictate?
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You aren't an employee, so you can't be told to take holidays or time off. However, if the client doesn't require your services during a particular period of time then that would generally mean they don't have to pay you either. Unless there is a specific way in which you can continue to deliver the contracted services in their absence, you'll have to find something else to do with the time....Originally posted by OrangeHopper -
If it's not in the contract, then not at all. Also, this is clear evidence of Direction and Control from the client. and a very bad IR35 indicator. It's also bloody awful management to leave it this late, BTW!
If they've closed the office, ignore their request and tell them that since they are closed, you will not be at work for that period. If they are still open, then you have a contractual problem to solve: I'd suggest you start with the agency.Blog? What blog...?
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Can I ask one of the sympathetic agents here how they would handle this? I mean, if a contractor insists that his contract has him providing his services during the peorion, but the client doesn't want them.Originally posted by malvolio
What happens if a client contracts for your services and then prevents you from delivering them (i.e. shutsthe office)?
What happens if they don't prevent you, but just warn you (outsode the terms of the contract) that they don't want your services then?
If your contract really is with the agency and not with the client, isn't it the agency's problem? Or does that point of view melt away like spring snow as trouble approaches?Comment
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Malvolio,
Aren't there MOO issues here as well in that the client is closed, they have no work for you for that period so no obligation to provide said work or pay for your time? Thats IR35 friendly isn't it?
Older and ...well, just older!!Comment
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You must be at BT then!!!
Orangehopper.... I guess you are at BT with me then. PM me please.Originally posted by OrangeHopperComment
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Ratewhore
IMHO It's not really an example of MOO - the problem is they are not saying there is no work for you to do, they are saying "go away for three weeks and do nothing for us", which is not the same thing.
It all depends on what the OP's job is. If he's a developer for example, he can probably still do real work when the client is closed. If he sits on a support desk, he can't. Either way, the safe option is to disregard the client's instruction and pre-emptively say "I'm not coming in" (and keep a copy). It seems unlikely he'll get paid anyway, so let's at least approach it from the right direction.Blog? What blog...?Comment
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Originally posted by LordF
I'm going to be starting with BT for 6 months in Jan. Are you at the leeds office? PM if you'd rather."Being nice costs nothing and sometimes gets you extra bacon" - Pondlife.Comment
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I'm afected by this too.
What is interesting it does not apply to ALL, there are a lot of exceptions. I got an email from my agency which implied that contractors on NHS projects had to work.
They appear to be under the impression that telling SOME contractors not to work will save ££££, but they don't ssem to understand that the work will be done later, thus costing delays.Your parents ruin the first half of your life and your kids ruin the second halfComment
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I choose to give no further details other than to say the agencies involved are losing more and can see no way round the contractural clause that stipulates the contractor will do such hours as reasonable required by the client.Comment
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