Just had my hours cut

[wurzel]

...To a maximum of 15 days a month. On a crap rate too so can't really afford to continue.

Just wondering if I could jump ship should I find something else without having to work my 30 days notice. Contract stipulates that I am contracted to work a maximum of 150 days in the 6 months from July 1 to Dec 31. Doesn't mention that the end client has any right to impose limits on the number of days worked.

Anyone else had this happen to them?

[SuperZ]

...To a maimum of 15 days a month. On a crap rate too so can't really afford to continue.

Just wondering if I could jump ship should I find something else without having to work my 30 days notice. Contract stipulates that I am contracted to work a maximum of 150 days in the 6 months from July 1 to Dec 31. Doesn't mention that the end client has any right to impose limits on the number of days worked.

Anyone else had this happen to them?

If you want out, state it is a breach of contract and therefore can leave immediately (assuming you want to). Or use it as a negotiation point re: the notice period. Or state that this change requires a new contract to be drawn up.......and you want one week notice period your side and four weeks client side, or one week each side.

[cojak]

If you want out, state it is a breach of contract and therefore can leave immediately (assuming you want to). Or use it as a negotiation point re: the notice period. Or state that this change requires a new contract to be drawn up.......and you want one week notice period your side and four weeks client side, or one week each side.

Yep - WHS.

Any change to your contract must give you the option to not accept it and walk if you don't like it. Else they could change it to you paying them for the privilege of working 100 hours per week...

[Incognito]

From what you've provided, it doesn't seem like a change in terms. You stated your contract was for a maximum of 150 days, not minimum. If there's nothing in that contract stipulating a guaranteed period of work then I would argue that it seems perfectly legal for the client to reduce your days.

Bit of a bummer though isn't it. If you want to get out the contract, try and exercise a substitution clause if you've got it? Might go one of two ways, client tells you to F off in which case that's a breach of contract or even better, you might get a couple of guys here on the bench 15 days a month of work.

[Menelaus]

I'd agree with what's said above: unilateral changes of contract are not on as they defeat the object of consensus in idem.

[centurian]

If there's nothing in that contract stipulating a guaranteed period of work then I would argue that it seems perfectly legal for the client to reduce your days.

Agreed. All depends on the exact T&C. If you have a schedule section that clearly stipulates hours, then you have them.

Try and exercise a substitution clause if you've got it?

ClientCo will hate this, but they have zero right to complain if they themselves are playing the letter of the contract - although do check to see whether they have an overrule clause in respect of substitution (which wouldn't do much good for IR35).

[VectraMan]

Or hand in your 30 days notice, and say you won't be available for any of those 30 days. After all, the contract only stipulates a maximum number of days you have to work.

I'd be quite happy to work 15 days of the month (i.e. 3 weeks out of 4). That's 75% of your current income, and you get a week off a month. It's a lot more than 0% of your current income.

[wurzel]

Or hand in your 30 days notice, and say you won't be available for any of those 30 days. After all, the contract only stipulates a maximum number of days you have to work.

I'd be quite happy to work 15 days of the month (i.e. 3 weeks out of 4). That's 75% of your current income, and you get a week off a month. It's a lot more than 0% of your current income.

That's true, but I'm now in the situation where I have more going out than I have coming in. I'd be daft to walk without securing another contract but if something were to come up I'm hoping to cite a breach of contract as a reason for not working the 30 days notice, though judging by some of the comments here thats not as clear cut as I thought.

I might not get a sniff anyhow, I've been in this role for 18 months now so haven't really been looking. From reading posts on here I get the impression that the market for C# and C++ developers is dead.

[thunderlizard]

Is it a really breach of contract on their part? Most of my consulting contracts specify a rate to charge per day worked, but they don't specify a minimum number of days that the client has to take, so it wouldn't be a breach. Not every client needs 100% usage all the time.

[Sausage Surprise]

Get another contract first then get swine flu.