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Taking breaks

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    #11
    Saying that, taking a kip in the bogs is classed as work so you can bill for that.
    'CUK forum personality of 2011 - Winner - Yes really!!!!

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      #12
      Originally posted by ODB View Post
      Any advice on this please
      Have you considered going back to permie-land?
      "it's people like Jim, Jim MacDonald, who keep me going,"

      tulip in your flowerbed

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        #13
        Originally posted by ODB View Post
        In the interview I was told an hour lunch. However contract doesnt specifically state that
        It doesn't need to. Contracts that involve services have implied terms in them.

        Both parties have a choice to either ensure that the terms are explicitly stated in the contract - helping to clarify them - or leave them implicit.

        [QUOTE=ODB;1913886]
        I dont know if they are legally entitled to provide them though I know I'm not legally obliged to take them (this being the point as they are trying to force me to take them and stay later)

        Health and Safety Regulations have to be followed by everyone on site regardless of whether they are the temporary receptionist, the courier, a permanent member of staff or you. This is to avoid the risk of injury to yourself or other workers.

        The client isn't allowed to injury you and stress related problems count as injuries. One way to help mitigate that is to force you to take a lunch break.

        If you can work at home then on those days you aren't required to take any breaks as you aren't on the client's premises and it's up to you to manage your own Health and Safety at Work as you are the director of your company.

        You are actually lucky you don't work for a client with a factory premises as well otherwise you can be forced to take an 45 minutes to an hour as often they standardise lunch breaks, how you park on-site and other procedures in as many departments as possible.
        "You’re just a bad memory who doesn’t know when to go away" JR

        Comment


          #14
          Originally posted by Brian Potter View Post
          Have you considered going back to permie-land?
          And why would I want to do a stupid thing like that?



          [QUOTE=SueEllen;1913974]It doesn't need to. Contracts that involve services have implied terms in them.

          Both parties have a choice to either ensure that the terms are explicitly stated in the contract - helping to clarify them - or leave them implicit.

          Originally posted by ODB View Post
          I dont know if they are legally entitled to provide them though I know I'm not legally obliged to take them (this being the point as they are trying to force me to take them and stay later)

          Health and Safety Regulations have to be followed by everyone on site regardless of whether they are the temporary receptionist, the courier, a permanent member of staff or you. This is to avoid the risk of injury to yourself or other workers.

          The client isn't allowed to injury you and stress related problems count as injuries. One way to help mitigate that is to force you to take a lunch break.

          If you can work at home then on those days you aren't required to take any breaks as you aren't on the client's premises and it's up to you to manage your own Health and Safety at Work as you are the director of your company.

          You are actually lucky you don't work for a client with a factory premises as well otherwise you can be forced to take an 45 minutes to an hour as often they standardise lunch breaks, how you park on-site and other procedures in as many departments as possible.
          As far as I was aware that only applied if operating machinery and the like. I cant find anything stating I have to take a break but have found numerous bits when googling that state its my right to not take them if not contravening health and safety (which in this role its not)


          See generally I'm here about 8:40. I have 15 mins break around 12. I then leave at 5.

          Now as far as I'm aware (and I could be a bit wrong here) that for every 4 hours I'm entitled to a 15 min break or 20 for every 6. So by doing an 8 hour day and having a 15 min break in the middle of that its all fine. It this trying to force me to come in earlier or stay later malarkey which is annoying me cause I can see what they are doing.

          TBH I'm not too bothered about the 8 hours cause for the last contract (4.5 years) I was entitled to an hour break and never took more than 15 mins anyway, what I'm annoyed about more is the deceit

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            #15
            It's not about your particular role it's about what the company does in general.

            I contracted in an office for a company that had different offices and factories in different developed countries around the world. They had a death in one of their factories and got sued. Senior management then travelled around the different sites and aligned as many Health and Safety policies as possible. This was to help decrease the chance off getting sued. Us in that office thought some of the new polices and new stickers/posters were ridiculous but we understood why they did them.

            Point is if you agreed to abide by the companies health and safety conditions you have agreed to this.

            Also it's not deceitful. The agency is unlikely to know the ins-and-outs of the day to day workings of the client. All the agency does is modify a standard contract to reflect some of the stuff in the client's upper contract. It's up to you to get the contract before you start on-site, read it and get anything you don't agree with modify it.

            Now you have moaned about having to take a lunch break expect to have your working hours scrutinised by the manager.

            If you didn't moan, aligned your working hours with someone you interact with who comes in early but leaves early and delivered then when a permie complained about you not taking lunch and leaving at 5pm most days, the manager is likely to check your hours and point out your standard of work.
            "You’re just a bad memory who doesn’t know when to go away" JR

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              #16
              Originally posted by ODB View Post
              And why would I want to do a stupid thing like that?
              Cause you're moaning like an employee does.
              Last edited by Brian Potter; 27 March 2014, 18:41. Reason: grammar?
              "it's people like Jim, Jim MacDonald, who keep me going,"

              tulip in your flowerbed

              Comment


                #17
                Originally posted by northernladuk View Post
                Saying that, taking a kip in the bogs is classed as work so you can bill for that.
                Bog + iPhone (or something similar) = paid surfing

                I'll be farked when I get a gig where the bogs don't get a decent 3G signal.
                "it's people like Jim, Jim MacDonald, who keep me going,"

                tulip in your flowerbed

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                  #18
                  just rock in and out as you like and find another job if they aren't happy shoppers

                  one day at a time

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                    #19
                    Originally posted by northernladuk View Post
                    And IMO if the contract says you are paid for 8 hours work then you must work 8 hours. You don't get paid for breaks and lunch. Some clients take the piss and some don't. Such is the world of contracting.
                    WNLUKS
                    If it looks like a duck, walks like a duck, quacks like a duck,it must be a duck

                    Comment


                      #20
                      Originally posted by SueEllen View Post
                      It's not about your particular role it's about what the company does in general.

                      I contracted in an office for a company that had different offices and factories in different developed countries around the world. They had a death in one of their factories and got sued. Senior management then travelled around the different sites and aligned as many Health and Safety policies as possible. This was to help decrease the chance off getting sued. Us in that office thought some of the new polices and new stickers/posters were ridiculous but we understood why they did them.

                      Point is if you agreed to abide by the companies health and safety conditions you have agreed to this.

                      Also it's not deceitful. The agency is unlikely to know the ins-and-outs of the day to day workings of the client. All the agency does is modify a standard contract to reflect some of the stuff in the client's upper contract. It's up to you to get the contract before you start on-site, read it and get anything you don't agree with modify it.

                      Now you have moaned about having to take a lunch break expect to have your working hours scrutinised by the manager.

                      If you didn't moan, aligned your working hours with someone you interact with who comes in early but leaves early and delivered then when a permie complained about you not taking lunch and leaving at 5pm most days, the manager is likely to check your hours and point out your standard of work.

                      Yes but like I said I was also told that in the interview. However as for working hours I dont mind if they scrutinise, I'm doing what I'm contracted to do easily so nothing they can complain of in that regard and nothing they can moan about work wise either. After looking into it they cannot force me to take a break so push comes to shove I'll walk. Its not about the break, its about them getting more hours out of people for free and frankly this job doesnt pay well enough for me to give a tulip



                      Originally posted by Brian Potter View Post
                      Cause you're moaning like an employee does.
                      No, I'm just not having the piss taken out of me. They keep changing the goal posts not me, I've exceeded every expectation (from feedback) so far and they havent got the numbers they need so they are pushing for more out of what they have. Thats all well and dandy for them but not for me and I'm not the sort of person who is going to roll over

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