Unreasonable hours - help from the expierenced contractor required!

**eek** · 15 August 2011, 11:10

Start looking for another contract and escape as soon as you find one.

**craig1** · 15 August 2011, 11:15

If you really don't want to do the work, tell them. Specifically tell them that you renewed the contract based on the working practices developed in the initial contract period and that you do not wish to work to the revised working practice. Tell them that this is such a change of practice after renewal that they either revert or treat it as notice given to end the contract.

It's a lesson learned though in that you need to nail down these little points in the contract. "Professional working day" is rarely acceptable unless defined.

**cojak** · 15 August 2011, 11:17

You've already signed it?

Then you've accepted it. As eek says, time to start looking for a new contract (if you're already thinking about going permie this might be a good idea as dyed-in-the-wool contractors wouldn't dream of it unless they'd been benched for a considerable time).

**northernladuk** · 15 August 2011, 11:40

The question is down to the job spec and the deliverables. Can you prove that this is a considerable change in responsibilities since you started? If you can you need to prove that your role has changed and then get in to negotiation with the client. He won't like it and it could mean you handing in your notice or him walking you off site. You just have to think how much you want the job and what you are willing to do for it. It will be tough. He wants you to do something, you won't do it because it isn't in the contract. Without a compromise there only looks to be one end to it. You won't do what he wants (quite rightly) it could be the end.

You mention IR35. You have already fallen foul of this by letting the client direct your work, let alone your timescales. Moving you on to shift work when it isn't agreed is still client direction even if you agree. With a change in responsibilities or any large aspect of your contract you really could do with getting another one and getting the R&R's and the like re-agreed. That would cover you better for this type of stuff. I have had a few clients that are more than happy to do this and some that wouldn't so making IR35 a problem. I was happy to do what they asked in those instances so just kept my head down.

If I was in your postion these would by my steps...

1. Look at contract and role profile very carefully to see where you stand
2. Have a look at your own situation and think how much you need/want this job and whatelse is out there
3. Make a desicion on whether or not to take the client to task or when you are going to do it if you need a bit of time to get your CV out there
4. Carry out whatever plan you came up with from steps 1-3.

If you are prepared to walk because there is stuff out there then take him to task. You have nothing to lose. If you dare not leave the contract for the next few months due to lack of stuff out there or you need the cash then don't put the client in a position where he will finish you but ask for some compromise.

**Sockpuppet** · 15 August 2011, 11:41

Originally posted by BentheBA View Post

Thanks, learning the hard way!

If you don't want to do it tell them. However be prepared that they could say "ok, contract terminated". Even if you've got a notice period they can say "Contract terminated at < insert date 4 weeks away>" all your work between now and then is cancelled = no pay to you.

**Spacecadet** · 15 August 2011, 11:58

"The Intermediary shall provide the Services at such times and at such locations as agency name and the Intermediary shall agree from time to time."

I presume that you're the Intermediary. If you don't agree then don't do it!

**JamJarST** · 15 August 2011, 12:06

Originally posted by Spacecadet View Post

I presume that you're the Intermediary. If you don't agree then don't do it!

That is exactly how I read it too. Of course it doesn't change the fact that if he says no, they may terminate the contract.

**BentheBA** · 15 August 2011, 14:29

Thanks for the comments and feedback, I guess some of us learn the hard way.

Im going to raise it with the agency (who Im sure will forward straight on to the client). Im the intermediary so its the agency I deal with. Im hoping to come to an amicable solution... Personally I could do with the money. Although im on one weeks notice so if I need to I can leave.

In future what wording is appropriate for the contract in terms of hours? I dont want to tie myself into 9-5 working hours but at the same time I dont want to have the piss taken out of me so whats a pragmatic solution? What is a sensible line to include in a contract? Ive needed to be on site in terms of access to the clients email and network, and need to be here to meet with other employees, its banking so cant use my own tools.

As for specifying the work in the contract, by default isnt accepting a contract on a time basis e.g 3 months, contrary to specifying the work undertaken. Most contractors in service based roles that Ive worked with (business analyst, project management etc) appear to do this on a time basis rather than being specific about work (and appear to me to do what they are told). Are they contravening IR35?

If it was done on work, say I finished a piece of work early should I terminate the contract and refuse any additional work? From a pragmatic point of view would it not be better to be flexible and hence not be extremley specific about work being undertaken?

Out the outset the first 3 months of the contract had a clear deliverable which I could have put in the contract, the second three months had a clear deliverable which I completed early, it now seems to have morphed in to more of a support role.

For my future reference, should I have included these deliverables in the contract? And what do I do if I finish early (but get work related to the deliverable)? Do I just keep my head down for the remainder or do I terminate the contract because if IR35?

**contractoralan** · 15 August 2011, 14:38

Originally posted by BentheBA View Post

Im going to raise it with the agency (who Im sure will forward straight on to the client). Im the intermediary so its the agency I deal with.

Talk with the client. Because it is they who dictate terms.
Don't be surprised if you find that the client has offered some extra cash for night work but the agency has been silent about it.

Unreasonable hours - help from the expierenced contractor required!