Unsure what to do....

[ruth11]

Currently working 24/7/365 shifts.
I've known this since just after starting my contract (a month ago) but it turns out that my shift falls such that I should be working Christmas Eve night and Christmas Day night. I was told that this may change as they were told last year that they didn't need to work, but this was under a different regime and shift pattern. As soon as I started, I negotiated with my shift partner (same technology as me) that we would work one of those nights each. He's working Christmas Eve and I'm working Christmas Day.
The other day, I pleaded with the boss to let me take Christmas Day off as well because I really don't want to work it. But I've just spoken to him and he's expecting me in, nothing he can do to help me. Asked him about extra remuneration, said I was assuming it would be at least double time, more likely triple and he said that he thought that wasn't the case and to check with the Agency. I've already asked the Agency and they told me to ask him!

I still don't want to work Christmas Day night, but if I have to (because not doing so would be breach of contract) I certainly want paying more. How do I go about doing this? My contract doesn't say anything about NOT being paid extra for bank holidays, but it doesn't say I do either. Do I have a leg to stand on if I go back to the Agency and tell them I want at least double time or I won't do it? I don't think so. I think I'm stuffed. I have to work or I have to walk. I don't want to do either, but working is, I suppose, the lesser of 2 evils.

Any thoughts?

[WindyAnna]

What a nightmare for you.

My opinion would be that if it isn't explicit in your contract then the agency would be under no obligation to pay you. If the client agrees to pay you more though then the agency is obliged to pass it on?

A few years back I had the whole of Christmas and New Year booked off but the programme slipped and there was stuff that had to be done over the festive period and needed management support - I agreed to take my turn in doing some of the real work and some of the management stuff. I had no overtime or bank holiday rate in my contract but client agreed that I could put a couple of "extra" days on my timesheet to make up for it and they signed in. You could try that??

Many years ago when I did do shift work the view (for permies admittedly) was that the shift allowance included the fact that you could be called on to work Christmas and other holidays and not get paid extra as the shift allowance was already generous - they could argue to the same to you I suppose?

Alternatively could you come to some agreement about being on call for problems.

It sounds really horrible for you, hope you manage to sort summat.

Windy

[ruth11]

Hi Windy

I've tried to persuade them about the on call thing - they have people already on call as a 4th line of support! My point was that the number of calls overnight on Christmas Day will be so small and almost none of them will be important enough to require fixing before boxing day, so why do they need me?! I think it's political stand point though. Boss doesn't want to be seen giving both of us the night off and I can kind of understand that.

I've asked Agency about Bank Holiday rates, they said they didn't think there was one but to ask Client. Asked Client who said he didn't think I'd be paid more, but he wasn't party to the contract negotiations so he said to ask Agency!
I've just been back to the Agency to get them to find out for sure for me - it's a 3 tier thing. Me to Agency1 to Agency2 to Client. Fingers crossed.

[Moose423956]

Can anything be that important that you have to cover it over Christmas Day? You're not a nurse are you?

Either tell them you won't be in and see what happens. Or throw a sickie. What's the worst they can do? There are always more contracts out there.

Cheers
Moose

PS: I'm a permie.

[ruth11]

Throwing a sickie is tempting but I can't bring myself to do it. Especially after I've already made it perfectly clear I don't want to work. It's just not very professional.
I know there are other contracts out there and most of them are more appealing than this one too, but I'm not sure I want to bail on this one as it could lead to more (better) work in the future if I keep them sweet.
Guess I'll just take it on the chin and work.
When you're all going to bed at 3am after a night of festive joy, spare a thought for me, sitting in front of a pc screen being bored out of my brain.
:-(

[reformation]

Throwing a sickie is tempting but I can't bring myself to do it. Especially after I've already made it perfectly clear I don't want to work. It's just not very professional.
I know there are other contracts out there and most of them are more appealing than this one too, but I'm not sure I want to bail on this one as it could lead to more (better) work in the future if I keep them sweet.
Guess I'll just take it on the chin and work.
When you're all going to bed at 3am after a night of festive joy, spare a thought for me, sitting in front of a pc screen being bored out of my brain.
:-(

You get paid alot more than a permie and you agreed to the contract, should they give you paid days off too and a company car?

But seriously i know what you mean, seems a bit c*ap to work on Christmas day, can you not just tell them your 'business' closes over the holiday period? I mean you arent an employee are you, you're a business to business professional?

Arent you?

[BrowneIssue]

Well, that's rattled my cage.

I've known this since just after starting my contract

My sympathy just evaporated. OK, you've signed a contract ... did you read it first?

it turns out that my shift falls such that I should be working Christmas Eve night and Christmas Day night.

Welcome to shift work. Been there, done that. Compensation is in the rate.

I was told that this may change as they were told last year that they didn't need to work, but this was under a different regime and shift pattern.

Therefore, irrelevant.

As soon as I started, I negotiated with my shift partner (same technology as me) that we would work one of those nights each. He's working Christmas Eve and I'm working Christmas Day.

Well done.

The other day, I pleaded with the boss to let me take Christmas Day off as well because I really don't want to work it.

So why take a shift contract?

But I've just spoken to him and he's expecting me in, nothing he can do to help me.

Of course not. You signed a contract.

Asked him about extra remuneration,

You are now taking the piss.

said I was assuming it would be at least double time, more likely triple

Assume? Assume? Read the contract. The one you signed.

I still don't want to work Christmas Day night, but if I have to (because not doing so would be breach of contract)

Then work Christmas Day night and do not go in breach of contract.

I certainly want paying more. How do I go about doing this?

Negotiate the contract before signing it.

My contract doesn't say anything about NOT being paid extra for bank holidays, but it doesn't say I do either.

It also doesn't say you get a lift to and from work in the Chairman's helicopter. If it is not in there, you don't get it.

Do I have a leg to stand on if I go back to the Agency and tell them I want at least double time or I won't do it? I don't think so. I think I'm stuffed. I have to work or I have to walk.

No. Correct. Correct. Correct.

I don't want to do either, but working is, I suppose, the lesser of 2 evils.

Correct. And you get paid for it. Put it down to experience.

Any thoughts?

Plenty, and most of them angry and directed at you.

I've tried to persuade them about the on call thing - they have people already on call as a 4th line of support! My point was that the number of calls overnight on Christmas Day will be so small and almost none of them will be important enough to require fixing before boxing day, so why do they need me?! I think it's political stand point though. Boss doesn't want to be seen giving both of us the night off and I can kind of understand that.

Perhaps that's why they have taken contractors on - to cover such periods.

Throwing a sickie is tempting but I can't bring myself to do it. Especially after I've already made it perfectly clear I don't want to work. It's just not very professional.

Nearly. It is very unprofessional. If I were your manager, I would dismiss you instantly.

When you're all going to bed at 3am after a night of festive joy, spare a thought for me, sitting in front of a pc screen being bored out of my brain.
:-(

AND GETTING PAID FOR IT ACCORDING TO THE CONTRACT YOU SIGNED, FFS.

Go back to permanent work. You are just causing damage for the rest of us.

Or, I'll tell you what:
Provided you are mainland UK, if you pay me triple whatever your rate is I will go in and cover for you on Christmas Day night. Well?

Or, offer to pay your shift partner to do your shift at whatever rate they fancy - double perhaps?

[BrowneIssue]

Now I've calmed down a bit - I shall explain my rant.

Some of us have encountered considerable resistance on client sites toward contractors. We get accused of being unreliable or untrustworthy, right from day one. That is because these clients have experienced such behaviour in the past from others.

It is time consuming and tiring to have to combat this attitude time after time after time, to have to prove ones-self having already won a contract because of something someone else has done.

It can result in getting short-tempered with unprofessional behaviour; and that is what my rant above is about.

Contracting isn't like permanent - and we are not 'temps' either. We're expected to take the client's troubles with a smile. Do long days, research, training, antisocial hours - usually at our own expense, not the client's.

You've signed a contract. Either do the hours or pay your shift partner to do it. Chalk it up to experience and start looking for an alternative place of work.

[thunderlizard]

Agree with Browne.

this bit is classic too:

if I have to (because not doing so would be breach of contract) I certainly want paying more

- that would definitely be uncontractual, demanding more money when nothing's changed all along.

Count your blessings. Jarrow had 77% unemployment in 1936.

[Moptop]

I like the suggestion in message #6. It might be a bit late now, but in future, I would just say (early on in the contract) that I would be 'unavailable' on certain specified dates.