Securing your contract work (when being asked what you want)

[centurian]

This is not really correct is it? Contractors can be served notice and be asked to leave (normal practice), but the Clientco is still obliged to pay for the outstanding weeks or days that is stated in the contract (or maybe they technically are not obliged? - but they do as normal practice)

Okay, others have pointed out that you may be a WUM, but I'll answer this point because it is a common misconception among new contractors, who might also be reading this.

In short, in depends on the other clauses in your contract.

Some contracts (those which are more IR35 compliant), have a clause in them which states that the client is not obliged to provide you with any work to do on a day-to-day basis

There is then another clause which states that they are only obliged to pay you for work undertaken.

If this applies to a contract, then the notice periods (on their side) are completely, totally and utterly meaningless. They can basically dismiss you with immediate effect by stating that they have no more work for you to do, which means you get paid nothing for the remainder of the contract.

Not all contracts are like this, but you need to read the clauses carefully as the effect of certain clauses is not immediately apparent.

That's what catches out a lot of newbie's. They think they have a 28 days (or whatever) grace. In reality, they have sweet FA.

[TheFaQQer]

That's what catches out a lot of newbie's. They think they have a 28 days (or whatever) grace. In reality, they have sweet FA.

Plus, there is usually a clause that says that they can terminate with immediate effect if they are unhappy with your work.

Caught me on my first contract - client was looking to cut back and just said "we're not happy with your work" and terminated it that day. No explanation, nothing - spoke to the project architect who told me unofficially that they were on a headcount reduction and were replacing the UK-based contractors with Indian resource that they then brought over to the UK.

Luckily, I walked into another project in the space of a week on £50 a day more than I was getting...

[shanti]

Okay, others have pointed out that you may be a WUM, but I'll answer this point because it is a common misconception among new contractors, who might also be reading this.

In short, in depends on the other clauses in your contract.

Some contracts (those which are more IR35 compliant), have a clause in them which states that the client is not obliged to provide you with any work to do on a day-to-day basis

There is then another clause which states that they are only obliged to pay you for work undertaken.

If this applies to a contract, then the notice periods (on their side) are completely, totally and utterly meaningless. They can basically dismiss you with immediate effect by stating that they have no more work for you to do, which means you get paid nothing for the remainder of the contract.

Not all contracts are like this, but you need to read the clauses carefully as the effect of certain clauses is not immediately apparent.

That's what catches out a lot of newbie's. They think they have a 28 days (or whatever) grace. In reality, they have sweet FA.

Thanks for the reply, this is the sort of stuff we need to know about. I was going to comment about how little power us contractors actually have (but that will invite a slew of comments about going permie). I have seen contractors so bedded down in organizations and systems they are unable to be extracted, that is probably something to do with the value of what they know - rather than anything contractual.

[shanti]

Help Please...

Chaps, I know you think I am a bit of a numpty, but need your help please.

Basically, poop has just hit the fan with my 1 day notice.

Clearly my previous IT management did not spend the final day getting a proper hand-off.

I gave notice in the morning to the agent - who called back and basically complained that I was leaving and then said "fine and good luck" and put the phone down.

I then emailed the manager straight away giving notice as well. I got on with working at home, as usual for a Friday, then I went in at mid-day spoke to the manager and made sure he knew - he was surprised but expected my work to continue (agent did not tell him and he didn't check email). I did the work and came back to him about finalizing the timesheets at 4pm. We had a chat for an hour, could see he was not happy, got timesheets signed then went home.

Apparently, they can't get access to some system and are asking for usernames which I don't know off the top of my head. The manager's clients are really pissed as they cannot access work and do not know what is going on with the pieces of work I left. The manager wants me to come back in and do a hand-off including a proper debriefing to other staff (unsure if it will be paid?).

Can I ask:
* Does one day notice mean - if you give notice in the morning your are done by the end of the day?
* Is it his responsibility to ensure hand off - the assertion of the manager is that it was my responsibility to ensure I gave him all the information and documented work?
* As I am looking for a gig and he needs someone to finish of the work - should I see if I can strike a deal with him to come back on terms that I am happy with?

Welcome some feedback (I know that there has already been some info in the thread), but you may have some past experiences that would be pertinent.

Thanks

[Flubster]

Chaps, I know you think I am a bit of a numpty, but need your help please.

Basically, poop has just hit the fan with my 1 day notice.

Clearly my previous IT management did not spend the final day getting a proper hand-off.

I gave notice in the morning to the agent - who called back and basically complained that I was leaving and then said "fine and good luck" and put the phone down.

I then emailed the manager straight away giving notice as well. I got on with working at home, as usual for a Friday, then I went in at mid-day spoke to the manager and made sure he knew - he was surprised but expected my work to continue (agent did not tell him and he didn't check email). I did the work and came back to him about finalizing the timesheets at 4pm. We had a chat for an hour, could see he was not happy, got timesheets signed then went home.

Apparently, they can't get access to some system and are asking for usernames which I don't know off the top of my head. The manager's clients are really pissed as they cannot access work and do not know what is going on with the pieces of work I left. The manager wants me to come back in and do a hand-off including a proper debriefing to other staff (unsure if it will be paid?).

Can I ask:
* Does one day notice mean - if you give notice in the morning your are done by the end of the day?
* Is it his responsibility to ensure hand off - the assertion of the manager is that it was my responsibility to ensure I gave him all the information and documented work?
* As I am looking for a gig and he needs someone to finish of the work - should I see if I can strike a deal with him to come back on terms that I am happy with?

Welcome some feedback (I know that there has already been some info in the thread), but you may have some past experiences that would be pertinent.

Thanks

I should come up with something intelligent, or even witty to say, but you are exactly the type of charlatan that gives contractors a bad name. I hope the client sues you if you don't complete the work you should have done in your last day. As for 'blackmailing' them to keep you on, good luck...

[cojak]

* Is it his responsibility to ensure hand off - the assertion of the manager is that it was my responsibility to ensure I gave him all the information and documented work?

It's your responsibility as a professional (can you see what I've done there). When I ended a particularly grim contract I handed over a 45 page report documenting everything and made the PM and line manager sit down and go through it with me on the last day. They thought the meeting was to shake hands and say "Good Luck".

This one is fairly and squarely in your lap...

PS - Strike a deal??? If I was the Manager I'd put the word out in the company not to hire you again.

[Ardesco]

Chaps, I know you think I am a bit of a numpty, but need your help please.

Basically, poop has just hit the fan with my 1 day notice.

Clearly my previous IT management did not spend the final day getting a proper hand-off.

I gave notice in the morning to the agent - who called back and basically complained that I was leaving and then said "fine and good luck" and put the phone down.

I then emailed the manager straight away giving notice as well. I got on with working at home, as usual for a Friday, then I went in at mid-day spoke to the manager and made sure he knew - he was surprised but expected my work to continue (agent did not tell him and he didn't check email). I did the work and came back to him about finalizing the timesheets at 4pm. We had a chat for an hour, could see he was not happy, got timesheets signed then went home.

Apparently, they can't get access to some system and are asking for usernames which I don't know off the top of my head. The manager's clients are really pissed as they cannot access work and do not know what is going on with the pieces of work I left. The manager wants me to come back in and do a hand-off including a proper debriefing to other staff (unsure if it will be paid?).

Can I ask:
* Does one day notice mean - if you give notice in the morning your are done by the end of the day?
* Is it his responsibility to ensure hand off - the assertion of the manager is that it was my responsibility to ensure I gave him all the information and documented work?
* As I am looking for a gig and he needs someone to finish of the work - should I see if I can strike a deal with him to come back on terms that I am happy with?

Welcome some feedback (I know that there has already been some info in the thread), but you may have some past experiences that would be pertinent.

Thanks

You are either clueless or a shiester. When you leave you do a hand over to make sure that the client has everything that they need, if they don't have something they need you should really be supplying it.

I've worked at places where I have had a phonecall a month later asking how something works, why I did something or if I remember a username/password that has been forgotten and I always give them the information that they require. Unsurprisingly I have been called back to the same clients multiple times and enjoy the benefits of a good professional reputation.

I hope they sue your arse off for sabotaging their business, I'm sure that there will be a clause hiding away in your contract that makes you liable for losses caused by your negligence which this blatantly is!

[Ardesco]

PS - Strike a deal??? If I was the Manager I'd put the word out in the company not to hire you again.

I would put the word out to everybody and anybody I met to never hire him...

[TheFaQQer]

Can I ask:
* Does one day notice mean - if you give notice in the morning your are done by the end of the day?

Yes - you gave one day as your notice period, so are correct in this instance.

* Is it his responsibility to ensure hand off - the assertion of the manager is that it was my responsibility to ensure I gave him all the information and documented work?

A bit of both. If the project is continuing, and I am leaving, then I make a point of checking whether there is anything that they need to know before I walk out the door. However, ultimately, I would say that the responsibility really lies with the manager to make sure that any knowledge that they need to continue is not leaving without doing a handover.

* As I am looking for a gig and he needs someone to finish of the work - should I see if I can strike a deal with him to come back on terms that I am happy with?

What did your contract say about working direct or through another agency? What does the client to agency contract say about them taking on people that were introduced through the agency?

If I were the manager, then I wouldn't be taking you back, to be honest - and I can't really see how you can negotiate / strike a deal for you to go back there that you would both be happy with. The manager now knows that you are likely to leave on a whim (whether that is a fair interpretation of what has happened or not, that will be his take on it, which is all that matters), so won't really trust you too much. If they did take you back, I would take great care with wording in your contract - it may be that they take you back, get the handover and then bin you off straight away. Which brings us back to the original question of how do you get the guarantee that they won't do that......

[Pondlife]

As I am looking for a gig and he needs someone to finish of the work

Am I missing something here. Why did you give the 1 day notice with nothing better to go to?