Contract ambiguous about hours

[riffpie]

I'm looking at a new contract, new client, but one clause gives me concern. It says "In any week, the subcontractor shall charge <daily rate> per day, for a minimum period of at least 8 hours per day"

Aside from an 8-hour working day being longer than normal, and unappetising (!), this seems as if it is open to rampant abuse by the client, who is presumably empowered to demand longer hours. Is this likely to happen? Has anyone else been held to ambiguous terms like this? Am I concerned over nothing? My instinct is to request this clause be re-negotiated, but if they refuse, I either accept the ambiguity, or reject the gig outright.

[BolshieBastard]

I'm looking at a new contract, new client, but one clause gives me concern. It says "In any week, the subcontractor shall charge <daily rate> per day, for a minimum period of at least 8 hours per day"

Aside from an 8-hour working day being longer than normal, and unappetising (!), this seems as if it is open to rampant abuse by the client, who is presumably empowered to demand longer hours. Is this likely to happen? Has anyone else been held to ambiguous terms like this? Am I concerned over nothing? My instinct is to request this clause be re-negotiated, but if they refuse, I either accept the ambiguity, or reject the gig outright.

Get your contract reviewed by Danny at Bauer & Cottrill. He'll get it sorted. Course, you'll have to pay but he'll also ensure your contract is in better shape for any IR35 challenge plus, they'll do the negotiation with the agent as part of the contract review.

Sorted.

[northernladuk]

I'm looking at a new contract, new client, but one clause gives me concern. It says "In any week, the subcontractor shall charge <daily rate> per day, for a minimum period of at least 8 hours per day"

Aside from an 8-hour working day being longer than normal, and unappetising (!), this seems as if it is open to rampant abuse by the client, who is presumably empowered to demand longer hours. Is this likely to happen? Has anyone else been held to ambiguous terms like this? Am I concerned over nothing? My instinct is to request this clause be re-negotiated, but if they refuse, I either accept the ambiguity, or reject the gig outright.

Looks ok to me. I wouldn't quite have it worded like that as I prefer the daily rate per 'professional day' which is just ambiguous. Either way he can try and impose more than 8 hours on you and as a professional if needs really must I would do them to a certain extent and/or negotiate some flexibility in but each to their own.

He could put '8 hours and not a second longer' in your contract and still ask you to do longer hours. Wish I could afford to sack a gig just because I might get asked to do more than 8 hours.

[MarillionFan]

I'm looking at a new contract, new client, but one clause gives me concern. It says "In any week, the subcontractor shall charge <daily rate> per day, for a minimum period of at least 8 hours per day"

Aside from an 8-hour working day being longer than normal, and unappetising (!), this seems as if it is open to rampant abuse by the client, who is presumably empowered to demand longer hours. Is this likely to happen? Has anyone else been held to ambiguous terms like this? Am I concerned over nothing? My instinct is to request this clause be re-negotiated, but if they refuse, I either accept the ambiguity, or reject the gig outright.

Get it nailed down early. If 8 hours = professional day and you are on a professional day then thats what you agree.

Of course, a 'professional day' is open to interpretation unless you have the 'working hours'. Personally I have no problem with a 8/9/10/11 or 12 hour day because I also have no problem with a 5/6/7 hour day when I tell the client I'm balancing the time out. If you find yourself doing 8+ then thats down to yourself and how you 'let the client know'.

[SteelyDan]

Get it nailed down early. If 8 hours = professional day and you are on a professional day then thats what you agree.

Agree with this ^.

Get it sorted out before you start; some places it's 7.5 hrs, others 8.0. I wouldn't want it to be expected of me, or be mandatory for me, to work say 9, 10 or more hours/day.

[Ignis Fatuus]

I'm looking at a new contract, new client, but one clause gives me concern. It says "In any week, the subcontractor shall charge <daily rate> per day, for a minimum period of at least 8 hours per day"

Aside from an 8-hour working day being longer than normal, and unappetising (!), this seems as if it is open to rampant abuse by the client, who is presumably empowered to demand longer hours. Is this likely to happen? Has anyone else been held to ambiguous terms like this? Am I concerned over nothing? My instinct is to request this clause be re-negotiated, but if they refuse, I either accept the ambiguity, or reject the gig outright.

8-hour working day "longer than normal"? You'll be expecting to get paid for your lunch break next!

[JamJarST]

I'm looking at a new contract, new client, but one clause gives me concern. It says "In any week, the subcontractor shall charge <daily rate> per day, for a minimum period of at least 8 hours per day"

Aside from an 8-hour working day being longer than normal, and unappetising (!), this seems as if it is open to rampant abuse by the client, who is presumably empowered to demand longer hours. Is this likely to happen? Has anyone else been held to ambiguous terms like this? Am I concerned over nothing? My instinct is to request this clause be re-negotiated, but if they refuse, I either accept the ambiguity, or reject the gig outright.

Why do you say an 8 hour day is longer than normal??

[SteelyDan]

It says "In any week, the subcontractor shall charge <daily rate> per day, for a minimum period of at least 8 hours per day"

Tell them to change the contract to hourly, then I'm sure they'll change their mind, or advise them that you are prepared to work 8 hours/day, but will bill/per hour thereafter.

[Ignis Fatuus]

It says "In any week, the subcontractor shall charge <daily rate> per day, for a minimum period of at least 8 hours per day"

Tell them to change the contract to hourly, then I'm sure they'll change their mind, or advise them that you are prepared to work 8 hours/day, but will bill/per hour thereafter.

Trouble is, that is quite likely to lose the contract. The client has a budget, which is usually sort of fixed, and some work that needs done, which is supposed to be specified but is unknown to a greater or lesser degree. What he wants is for that work to be done in that budget.

[Lewis]

Aside from an 8-hour working day being longer than normal, and unappetising (!)

You've obviously had it easy. I don't think I've had a contract where I am not expected to work 8 hours a day for about 15 years! (london banking). Although usually on the contract it is just described as a 'professional day'.