3 Week Christmas / NY Contractor Freeze

[quackhandle]

I think it's the way it's been presented is why it's pi$$ing many people. ie - it's not in the contract/it's a HR directive, I don't work for client co bank/it smacks of SDC so inside IR35, etc.

I understand why they've done it, but it could have been worded better.

qh

[northernladuk]

It's not SDC. It's terms of the gig and permies aren't constrained so actually helps.

[quackhandle]

It's not SDC. It's terms of the gig and permies aren't constrained so actually helps.

Really? It does sound like end client is telling you when to take holidays. Is that not D&C? The permies are made to take a two week holiday block as well, (par of this is the banks anti fraud directive, as fraud most likely found when someone is on holibobs.)

qh

[northernladuk]

Really? It does sound like end client is telling you when to take holidays. Is that not D&C? The permies are made to take a two week holiday block as well, (par of this is the banks anti fraud directive, as fraud most likely found when someone is on holibobs.)

qh

How is a limit of 220 days sound like they are saying when you take them? They are setting a limit to all suppliers. SDC is more about how you carry out the job.

[quackhandle]

How is a limit of 220 days sound like they are saying when you take them? They are setting a limit to all suppliers. SDC is more about how you carry out the job.

My point is them saying you must take them, not when. End client dictating your vacation/time away from contract? Is that not being treated in the same way as the permies? Sounds like it to me. There is nothing for this in anyone's contract. Fair enough, include it at renewal time but to me its the wording that is wrong.

qh

[northernladuk]

You aren't taking anything. You are being constrained to a set figure. Just like you are constrained to a daily rate, location. They are all t&cs of the gig, not direction.

You can't work Saturday and Sunday. Is that D&C?

[quackhandle]

You aren't taking anything. You are being constrained to a set figure. Just like you are constrained to a daily rate, location. They are all t&cs of the gig, not direction.

You can't work Saturday and Sunday. Is that D&C?

I can work Saturday and Sunday, sometimes I just choose not to. (Some of the work I do for client has to be done on a weekend). Don't want to get bogged down in semantics, I get where your coming from. There's many grey areas here.

And to be honest, I hope you are right, as I thought HMRC would be all over this, ie inside IR35.

qh

[WTFH]

You can't work Saturday and Sunday. Is that D&C?

You might not be able to bill for them, that doesn't mean some contractors can

[ladymuck]

My gig ends on 23 Dec, ClientCo is shut from then until New Year so even if there was an extension, I wouldn't be working the Christmas period.

I tend to budget into my rate working 40 weeks a year so things like this aren't a financial surprise.

I have heard that HSBC and DB enforce 40 days/8 weeks "leave" a year and build it into their contracts.

[northernladuk]

I'm trying to make a point. Generally you can't work it so is that D&C by the client or just a constraint of the gig. Exactly the same as the 220 days.

I'm trying to show QH that there are different ways of thinking.

Permies don't have this so that's good. You can show financial risk so that's good etc. D&C is more about how you carry out the work, not T&Cs of the gig. You now work X hours per day for X days a week for X pounds per day for 220 days a year.