Forced "contract breaks"

**Denny** · 9 February 2006, 16:21

Originally posted by Spoon

My contract is due to be renewed in the next few weeks and my employer has told be that their HR and Legal departments have introduced a new policy. Contractors must now have a 2 week break between contacts! Apparently this is so that they can avoid some new EU legislation that gives contractors similar rights as employees.

To add insult to injury, this new policy comes on top of another one last year where all 12 month contracts were reduced to 6 months. This basically means I got to have 2 weeks unpaid leave every 6 months and I have control (short of quitting) as to when I take this leave. You can imagine the problems with holidays\partners\families etc this causes.

Has anyone in the same situation? What is this new EU legislation? Does it really exist and when was it introduced? Do I have a legal rights or do I just have to like or lump it?

Your thoughts greatly appreciated

I'm not sure what you mean when you use terms like 'employer' and 'leave.' Are you a limited company (or brolly paid) freelance contractor like most of us are or are you a direct employee of the company on a fixed term contract of employment?

If the former (as I suspect you are, otherwise you wouldn't be complaining about being potentially viewed as an employee if you are already one - hence temporarily) you're not employed anyway. Secondly, if you are now extended or renewed without two weeks passing before the new contract comes into force (not 'leave') then surely that's no different than having your contract terminated and then having to look around for another role. That could take far more than two weeks.

I doubt that it is the hardship you claim. After all, the ways things have been set up in the past, contractors have had to take time out of their existing contract if they want a break. Now it is wiser for you to plan your holidays and breaks around the new restrictions you are forced to comply with at the end of your current contract. Are you really going to lose that much more money? I doubt it. No contractor works all year without a break (minus public holidays). Personally, given the pressure that contractors are under a lot of the time, a two week break (whether forced or otherwise) sounds like a pretty good idea to me so that you can start refreshed ready to begin your extension.

As to the legalities of what the client is doing. I expect that it is perfectly legal - annoying though it may be to you.

The real downside is if the project you are working on required continuity to meet targets which doesn't allow for breaks at the alloted time (forced or otherwise). Then the client has two options - ignore the restriction and risk upsetting legal and keeping you on, or else ensuring they taken on a different contractor to do your work at the end of your contract. Neither are particularly satisfactory to either client or contractor.

**malvolio** · 9 February 2006, 16:23

The legislation doesn't exist. It might if you were a PAYE temp, but HR are not smart enough to make that distinction (Mind you, if you think they are your "employer", they may be right...).

This is bad for all sorts of reasons. I should ask them for chapter and verse justification - or do the sensible thing and get a new contract somewhere else.

**DodgyAgent** · 9 February 2006, 16:25

Originally posted by malvolio

The legislation doesn't exist. It might if you were a PAYE temp, but HR are not smart enough to make that distinction (Mind you, if you think they are your "employer", they may be right...).

This is bad for all sorts of reasons. I should ask them for chapter and verse justification - or do the sensible thing and get a new contract somewhere else.

These companies employ "in house" lawyers who cost a lot of money and need something to do.

**Denny** · 9 February 2006, 16:28

Originally posted by DodgyAgent

These companies employ "in house" lawyers who cost a lot of money and need something to do.

A bit like recruiters.

**DodgyAgent** · 9 February 2006, 16:30

Originally posted by Denny

A bit like recruiters.

Only not as clever

**Denny** · 9 February 2006, 16:31

Originally posted by DodgyAgent

Only not as clever

Shouldn't you be badgering someone's PA or poaching leads or losing contractors' timesheets or something?

**BlasterBates** · 9 February 2006, 16:36

Sounds like the client is reducing costs.

Enforced leave just means you're effectively on a 3 day week, or the IT equivalent of it (41/2 day week ?).

hmm I would look for another contract.

**DodgyAgent** · 9 February 2006, 16:36

Originally posted by Denny

Shouldn't you be badgering someone's PA or poaching leads or losing contractors' timesheets or something?

I am off to Canada tomorrow, so I am sitting here keeping an eye on things whilst my contractors are busy earning me money

**Spoon** · 9 February 2006, 16:46

Originally posted by Denny

I'm not sure what you mean when you use terms like 'employer' and 'leave.' Are you a limited company (or brolly paid) freelance contractor like most of us are or are you a direct employee of the company on a fixed term contract of employment?
.

Just to clarify. I am a regular contractor being paid by umbrella company. The "employer" I refer to is the firm I turn up to work for each day. They have had contract with an agency who has a contract with my umbrella company.

Agreed that I should have savings aet aside, but I normally plan my holidays a few months in advance, not 3 weeks in advance. I'll manage but would have liked more notice. Main factor is the inconvenience. I have been planning my 2006 holiday for 3 weeks in November. This won't happen now. My contract will be renewed for another 6 months. So in October I will be forced to take another two week break. It would be pushing things both financially, and also with workload commitments to then take another 3 weeks off in November. The only time of the year my girlfriend can take 3 weeks off is November and in any case my "employer" isn't flexible on when I can take the two weeks or the length of the contract.

I think the 2 weeks break will best be spent looking for a new contract elsewhere. Shame after 5 years for the same place. I guess there comes a time.

Would be nice if I could tell them they were talking out of their arse regarding this EU legislation they are referring to.

Forced "contract breaks"