Enforced Contractor Layoff in December

[Bluespider]

So,
It's getting to that time of year again when the edicts start to surface regarding enforced time off for contractors over the Christmas period.
I'm 2 months into a six monther which will take me through this period and comfortably out the other side and i probably would have taken time off over Christmas anyway, maybe not the full 10 days but a few to make it feel like a holiday.

It's an FS Company so I get that there has to be a 2 week lie period for every employee, Permie or contractor, within a 12 month period, to help them pick up irregularities or possible fraud, but where do we sit on this contractually? It's not mentioned in my contract as being required and the assumption at the moment (I haven't discussed it) is that the time will not be added on to my scheduled renewal/end date. Is this fair under contract law?

For the record, as I said above I'm not looking to rock the boat at current ClientCo. I'll take the lie time (that i was probably going to take anyway) and look for a renewal on the other side but it got me thinking about the legitimacy of enforcing this across all contractors if it is not mentioned in the contract as a possibility?

any thoughts?

[northernladuk]

You work T&M. If the client doesn't want you in for 1 day, 2 days, a couple of weeks to work then you don't come in. It's business process rather than contractual so doesn't technically need to be in there. Do you think the weeks holiday you want should be in your contract? Should your contract period be extended for it? Same for the client.

[squarepeg]

So,
It's getting to that time of year again when the edicts start to surface regarding enforced time off for contractors over the Christmas period.
I'm 2 months into a six monther which will take me through this period and comfortably out the other side and i probably would have taken time off over Christmas anyway, maybe not the full 10 days but a few to make it feel like a holiday.

It's an FS Company so I get that there has to be a 2 week lie period for every employee, Permie or contractor, within a 12 month period, to help them pick up irregularities or possible fraud, but where do we sit on this contractually? It's not mentioned in my contract as being required and the assumption at the moment (I haven't discussed it) is that the time will not be added on to my scheduled renewal/end date. Is this fair under contract law?

For the record, as I said above I'm not looking to rock the boat at current ClientCo. I'll take the lie time (that i was probably going to take anyway) and look for a renewal on the other side but it got me thinking about the legitimacy of enforcing this across all contractors if it is not mentioned in the contract as a possibility?

any thoughts?

Yes, it is fair. You wrote that you were going to take time off anyway, so it's not like they are screwing you over with this. Unless there is a specific provision for extending the contract, your contract will end on the specified date.

[Bluespider]

Do you think the weeks holiday you want should be in your contract? Should your contract period be extended for it? Same for the client.

That's a fair point, I guess it works both ways... I was just wondering if there were any other considerations since it wasnt an individual thing but a blanket.

[WTFH]

It's fair.


In other industries it would be a "shut down period". The business is closed. No one is doing any work. The project you are working on is not being worked on at that time.


Think of it like a public holiday. You don't claim back those extra days against the contract, do you?

[FatLazyContractor]

MOO -> No work => Don't have to work => Stronger position.

[Bluespider]

I'm not whining about this, i tried to be clear about that in my original post, it just occurred to me in the shower that maybe there could be push back.
I totally get the reasoning behind it, no one around, its not a support function, everything is skeleton etc, etc,

Just wondering what everyone else's experience is and what the ramifications might be...

I've worked some, taken some off voluntarily/forced...

As for public holidays. its been my experience in FS that just because its a bank holiday in one location, doesn't mean the Bank stops working...

[northernladuk]

MOO -> No work => Don't have to work => Stronger position.

MoO is about work above and beyond the current contract, not while you are in it. This would come under financial risk...although you could argue it's trumped by D&C as permies have to do it as well. The reality is it is neutral as this an operation requirement by the customer that out of your control so can't use it as defense or a problem I'd say.

[northernladuk]

I'm not whining about this, i tried to be clear about that in my original post, it just occurred to me in the shower that maybe there could be push back.
I totally get the reasoning behind it, no one around, its not a support function, everything is skeleton etc, etc,

Just wondering what everyone else's experience is and what the ramifications might be...

I've worked some, taken some off voluntarily/forced...

As for public holidays. its been my experience in FS that just because its a bank holiday in one location, doesn't mean the Bank stops working...

No but it's reasonable to assume all the stakeholders you will be dealing with are off so won't be a productive day so you just get in line and do as your client requests. You said you don't want to rock the boat but every angle you are going at will rock the boat.

Can't you just look at your bits and wish some were bigger and some were a bit smaller like everyone else does in the shower?

[PerfectStorm]

MoO is about work above and beyond the current contract, not while you are in it. This would come under financial risk...although you could argue it's trumped by D&C as permies have to do it as well. The reality is it is neutral as this an operation requirement by the customer that out of your control so can't use it as defense or a problem I'd say.

Permies would surely get paid for it.