New contract questions

[diesel]

I am currently working for existing engineering client A for about 3-5 days per week. This role has increased due to my manager leaving in my section, leaving just me! (i used to work for A on part time role before June 2010)

I have just been offered a part time contract role with a new client B in a new sector i have no experience in. New client has said aim is to bring me in part time for 6-9mths for 2days per week until i am more experienced, potentially to a full time basis.

Questions i need help with:

1. How do i approach Client A that i am working part time elsewhere, but so i can give reassurance that they will get section cover from me?

2. Client B wants to Retention bonus of £2 per hr on the new role. retentions will be paid after 6mths. I have never come across such in my contractor experience. They say its to provide contractor rentention. Is such IR35 compliant? What do i need to be careful?

3. Client B rate is a bit higher than A. But as i feel i am taking extra risk with Client A, what advice would you recommend me?

4. Also client B needs me in their office for 1 day on 6th July. However, client A has already schedule an mtg with a major customer then! argh

[stillooking]

q. 1 - read a book


q.2 - Retention, seems to be quite unusual, but depends in what sector/market you're in. IMO, it wouldn't affect IR 35 status, but really it's too much control.

q.3 - read some more books or acquire more experience.

q.4 - as q.1 or do something else less ethical.. which I couldn't condone.

[diesel]

q. 1 - read a book


q.2 - Retention, seems to be quite unusual, but depends in what sector/market you're in. IMO, it wouldn't affect IR 35 status, but really it's too much control.

q.3 - read some more books or acquire more experience.

q.4 - as q.1 or do something else less ethical.. which I couldn't condone.

thanks for reply.

agree its all down to negetation. However, welcome any advice from others who work between 2 clients each week.

Also really after any advice on Retention payments. I have never come across this before, and hence wanted to check out all the things i need to be aware of.

[TheFaQQer]

Ask whether the £2 / hour is going to be paid into an escrow account. What happens if they terminate you - do you still get the bonus accrued or not?

Many years back, my summer job involved working somewhere that paid a bonus of 30p per hour worked over the summer, provided that you gave them the required notice before leaving and weren't sacked. Towards the end of the summer, two managers used to hunt through the seasonal staff and if you were found doing anything remotely infringing the contract, you were fired so they didn't have to pay the bonus.

As ever, make sure you know your rights before signing the contract.

[DaveB]

4. Does client B know about client A? If so there should be no issue if you tell them straight away that you can't do that date due to commitments with your other client.

[diesel]

thanks for advice guys.

i will ask where the retention bonus is paid to.

Client B knows about A, as A is on my CV. Client B is a different sector/field from what i am, hence they want me on part time basis only but if all things go well with an aim to go full time when i get the experience.

Darn thing is this would have out well if B asked me 3mths ago when the interviewed as i was only working parting for A then. But since last month i have been almost full time with A due to staff changes/shortages.

[lukemg]

You need to take control of the situation immediately. Speak to hiring manager at current client. Explain the situation and say you are happy to stay but will have to be a fairly rigid mon-wed situation, and not an ad-hoc, oh can you come in tomorrow as well (could offer odd Sat/Sun if this suits ??). There is a fair chance they will say we need you 5 days and want to sign you up - up to you then. If they agree to the 3, then tell other client the days they can expect you and why, let the future play out as it does, a lot can happen in 6 months.
Any attempt to juggle the 2 and not be open about it will end up in tears at both - see how much people like builders who try to do this when if they were just honest, most people would say fine.

[diesel]

You need to take control of the situation immediately. Speak to hiring manager at current client. Explain the situation and say you are happy to stay but will have to be a fairly rigid mon-wed situation, and not an ad-hoc, oh can you come in tomorrow as well (could offer odd Sat/Sun if this suits ??). There is a fair chance they will say we need you 5 days and want to sign you up - up to you then. If they agree to the 3, then tell other client the days they can expect you and why, let the future play out as it does, a lot can happen in 6 months.
Any attempt to juggle the 2 and not be open about it will end up in tears at both - see how much people like builders who try to do this when if they were just honest, most people would say fine.

Thanks for your advice, really useful

Today i received contract from new client.
They provided teh new contract as "contract for services", rate is confirmed in an email. And instead of schedule the agency advises they use a "purchase order" to summarise the supply of services. Is this normal? I have never seen use of a PO before, normally a schedule only.

Also use of retention bonus in not listed except in the email, take it i should get it in proper writing?

[TheFaQQer]

Thanks for your advice, really useful

Today i received contract from new client.
They provided teh new contract as "contract for services", rate is confirmed in an email. And instead of schedule the agency advises they use a "purchase order" to summarise the supply of services. Is this normal? I have never seen use of a PO before, normally a schedule only.

Also use of retention bonus in not listed except in the email, take it i should get it in proper writing?

I'd want the retention bonus to be included in the contract. If necessary, take their stuff, turn it into a contract and send it to them prior to starting work. Specify the normal rate and the bonus in the schedule if necessary.

I'd make sure that the full terms are in writing from someone that is authorised to make the offer - in 6 months time, do you really want to be told "Oh, Fred should never have promised that. Was it included in the contract?" and have to try to argue it?

[Wanderer]

Also use of retention bonus in not listed except in the email, take it i should get it in proper writing?

Only if you want them to pay it.

If they are raising a PO then you should probably raise a quote for them to raise the PO against.