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Contract extension

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    Contract extension

    Hi, I'm coming towards the end of my first contract in a technical support role. My contract is via an agency. I was offered an extension, but I said I'd only accept it if I was working in another area of the team. After a while, the client came back to me and agreed an extension with the majority of my work being in the other area.

    I've received the contract extension letter from the agency, which basically gives the new end date and says everything else is the same as the original contract. The original contract was very generic, and just mentioned the team I will be working in, which is still valid for the new role. I accept that I should perhaps have asked for a better list of my duties initially.

    I told the client that I'm happy to sign the contract, as long as he could give me a written confirmation of the changes to my duties that we agreed verbally. After chasing that up, my 'line manager' at the client said he was uncomfortable with this and that it showed a lack of trust, and that it would be worthless. I said I'd still like it in writing, and he gave a vague response that he'll try and do it later.

    Am I being unreasonable?

    #2
    Originally posted by knightfork77 View Post
    Hi, I'm coming towards the end of my first contract in a technical support role. My contract is via an agency. I was offered an extension, but I said I'd only accept it if I was working in another area of the team. After a while, the client came back to me and agreed an extension with the majority of my work being in the other area.

    I've received the contract extension letter from the agency, which basically gives the new end date and says everything else is the same as the original contract. The original contract was very generic, and just mentioned the team I will be working in, which is still valid for the new role. I accept that I should perhaps have asked for a better list of my duties initially.

    I told the client that I'm happy to sign the contract, as long as he could give me a written confirmation of the changes to my duties that we agreed verbally. After chasing that up, my 'line manager' at the client said he was uncomfortable with this and that it showed a lack of trust, and that it would be worthless. I said I'd still like it in writing, and he gave a vague response that he'll try and do it later.

    Am I being unreasonable?
    What do you mean by "if I was working in another area of the team"? Do you mean closer to the toilets? Further away from the aircon outlet? Or are you trying to dictate to the client the work you'll be doing?

    It's up to you to agree with the client (and/or agent) the work that needs to be done. If that means to provide technical support to Windows users then so be it, that is what the client wants. Get that stuck in the contract. If the client wants you to provide technical support for their website, get it added to the contract.

    "Lack of trust"? You/your ltd co are being hired to do something. It's not being unreasonable to list the things you'll be working on in the contract. However, some clients see contractors as a temporary employee and they want you to do anything that is asked of you, bad for you.

    I was in a similar situation very recently (although it was a new gig, not a renewal). I wanted to list the things i'd be working on, but they just wanted nothing more than "Developer" written on the contract, they even went on to say that I could be asked to help out with other things. I tried to something workable added to the contract such as "will develop and maintain the client's website" but they just weren't interested. I turned the gig down.

    It's up to you though. Might be worth mentioning to them that if any new work comes up in the future you could discuss that if or when it comes about.
    Contracting: more of the money, less of the sh1t

    Comment


      #3
      Originally posted by kingcook View Post
      It's up to you though. Might be worth mentioning to them that if any new work comes up in the future you could discuss that if or when it comes about.
      But becareful they don't start moving you around mid contract. That is what permies do.

      Are you taking any contract advice from QDOS, Baur & Cotteral and the like. This 'I will stay if you let me work here' sounds very permie to me. You are there to fill a specific need for the client. If you are picking and chosing which area you want to work and expecting the client to shift you about you sound very much like an employee to me. Getting contracts to match your working conditions won't help in a detailed investigation either, it's working practices that count, and if that shows you are able to switch around as you fancy the contract will fall apart.
      'CUK forum personality of 2011 - Winner - Yes really!!!!

      Comment


        #4
        Originally posted by knightfork77 View Post
        Hi, I'm coming towards the end of my first contract in a technical support role. My contract is via an agency. I was offered an extension, but I said I'd only accept it if I was working in another area of the team. After a while, the client came back to me and agreed an extension with the majority of my work being in the other area.

        I've received the contract extension letter from the agency, which basically gives the new end date and says everything else is the same as the original contract. The original contract was very generic, and just mentioned the team I will be working in, which is still valid for the new role. I accept that I should perhaps have asked for a better list of my duties initially.

        I told the client that I'm happy to sign the contract, as long as he could give me a written confirmation of the changes to my duties that we agreed verbally. After chasing that up, my 'line manager' at the client said he was uncomfortable with this and that it showed a lack of trust, and that it would be worthless. I said I'd still like it in writing, and he gave a vague response that he'll try and do it later.

        Am I being unreasonable?
        Yes, you are being unreasonable. But, worse than that, you are acting as a permie would while purporting to be a contractor.

        Your 'type' are giving the contractor fraternity a bad reputation by insisting on these permie clauses and actions.
        I couldn't give two fornicators! Yes, really!

        Comment


          #5
          Originally posted by knightfork77 View Post
          I told the client that I'm happy to sign the contract, as long as he could give me a written confirmation of the changes to my duties that we agreed verbally. After chasing that up, my 'line manager' at the client said he was uncomfortable with this and that it showed a lack of trust, and that it would be worthless. I said I'd still like it in writing, and he gave a vague response that he'll try and do it later.

          Am I being unreasonable?
          It's a difficult question to discuss here because you will probably just get beaten up for using "permie speak" or incur the wrath of the IR35 karma police. We obviously don't have any details about your IR35 status but if it is a little weak then you should be keeping an eye on the "direction and control" you get from the client and try to minimise this so that you work more autonomously rather than "as directed".

          I think the client is looking to maintain flexibility here rather than letting you get nailed down to one particular role and if I were the client I'd be doing the same thing because having someone is doing a "work to rule" is a right pain in the arse.

          From a contractor's point of view, rather than asking the client to put it in writing, you should put it in writing to them that you are accepting the contract extension based on the agreement that you will be moving to work in a particular area.

          However, you don't want to upset the client too much so a bit of flexibility is going to help your business succeed. It's a bit of a tightrope to walk...
          Free advice and opinions - refunds are available if you are not 100% satisfied.

          Comment


            #6
            Have your contract reviewed by QDOS or someone similar.

            Refuse to sign it until all of the corrections that have been made have been made.

            However, in a more general sense you are not really being a contractor. Saying, I will stay as long as I get to work on something else is not really how we work.

            If you hired a plumber for 2 weeks to work on your bathroom, found that there was still work needed doing after then and asked him to work for another two weeks would you be happy if he agreed provided he could do the plumbing in the kitchen and wanted it in writing that he would not be asked to work in any other room?

            You are a supplier of specific services, not a generic odd job man.
            "He's actually ripped" - Jared Padalecki

            https://youtu.be/l-PUnsCL590?list=PL...dNeCyi9a&t=615

            Comment


              #7
              Jeez......you're a contractor JFDI......and keep invoicing.
              Blood in your poo

              Comment


                #8
                Thanks for the replies. For clarification, my current role is supporting one type of system and technology, whereas another part of the team work on a different system and technology. I am skilled in both areas, and would prefer to work in the other area. The original contract was reviewed for IR35 by QDOS.

                I really don't think I'm acting as a permie, I'm just offering my services to the client, and explaining the types of work I'd be willing to do. The 'extension' will be in a totally different area and the client appears to be happy with this, at least verbally.

                Comment


                  #9
                  Originally posted by MyUserName View Post
                  Have your contract reviewed by QDOS or someone similar.

                  Refuse to sign it until all of the corrections that have been made have been made.

                  However, in a more general sense you are not really being a contractor. Saying, I will stay as long as I get to work on something else is not really how we work.

                  If you hired a plumber for 2 weeks to work on your bathroom, found that there was still work needed doing after then and asked him to work for another two weeks would you be happy if he agreed provided he could do the plumbing in the kitchen and wanted it in writing that he would not be asked to work in any other room?

                  You are a supplier of specific services, not a generic odd job man.
                  But if client wants a generic odd job man and you refuse to be one they're likely to get another who will? Admitedly, with this sort of thing IR35 comes into play and. obviously, there is a risk but you've got to weigh it up.

                  Contract with small chance of being nabbed. Or no contract and no income anyway? Unless of course you have other options.
                  Rhyddid i lofnod psychocandy!!!!

                  Comment


                    #10
                    Originally posted by MyUserName View Post
                    You are a supplier of specific services, not a generic odd job man.
                    Tell that to the client!

                    Comment

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