have you got any holidays planned?

[masonryan]

I've told an agency, who are trying to get me to sign a 3-month extension, that due to rate being lower that if I accept the extension I might take more holidays compared to if I was on a higher rate as it's cheaper for me to do so as I lose less money. In response, the treacherous agency has put a clause in the extension offer stating that I can only take a maximum of 2 weeks within the contract off. I am enquiring with them how this would work and thinking of getting legal advice about this. I mean, what if I'm ill for 2 weeks, then can't make it in for a day after that, does the contract get cancelled? Would I be in breach of contract?

[northernladuk]

I've told an agency, who are trying to get me to sign a 3-month extension, that due to rate being lower that if I accept the extension I might take more holidays compared to if I was on a higher rate as it's cheaper for me to do so as I lose less money. In response, the treacherous agency has put a clause in the extension offer stating that I can only take a maximum of 2 weeks within the contract off. I am enquiring with them how this would work and thinking of getting legal advice about this. I mean, what if I'm ill for 2 weeks, then can't make it in for a day after that, does the contract get cancelled? Would I be in breach of contract?

There are so many things wrong with with this post I don't know where to start.

[masonryan]

There are so many things wrong with with this post I don't know where to start.

like what? I have my own way and agency lies get tripped up easily

[masonryan]

anyway have you ever heard of a clause like that in a contract where they say you can only take 2 weeks in total of not providing a service? What happens if you take more than 2 weeks off e.g. an illness?

If the contract just ceases, then couldn't you just not turn up for 2 weeks to finish it rather than submit a 4 week notice if you don't want to stay there anymore?

[northernladuk]

like what? I have my own way and agency lies get tripped up easily

Well the argument about taking more holidays because the rate is less doesn't really work. I would be taking less to make more money.

The fact you are even entertaining a clause like that in your contract makes me laugh as well. Man up and tell them to shove it. You have position power being at the client so they can't risk losing you. Use it or bugger off and let a proper contractor do the gig. They are trying this on with you because they have worked out you are such a pillock they can do what they want.

If you do let them put that in then yes you would be breach whatever the reason is for not turning up on site which has legal and financial penalties with it so pretty stupid idea to use it.

[masonryan]

Well the argument about taking more holidays because the rate is less doesn't really work. I would be taking less to make more money.

Interesting point but I don't think you've thought this one through. With that logic, you never take holidays. Because, when your rate is higher you 'lose' more money by not working. So it's best to holiday when rates are trashy.

[NCOTBAC]

Interesting point but I don't think you've thought this one through. With that logic, you never take holidays. Because, when your rate is higher you 'lose' more money by not working. So it's best to holiday when rates are trashy.

I bet there is a mix of people that don't take them while in contract and people that take them when they want them. I just go when the family wants to go. Contracting was supposed to give me the freedom to do this (and afford it) not tie me down and give me less flexibility. I will organise a holiday at a contract end if it's a reasonable time and no chance or renewal as well though.

Taking holiday just because it is cheaper is pretty rubbish really. You contract to make your life better, not scrimp and save and pick cheaper ones.... and the difference between a week off on a high rate and low rate is pretty insignificant in the bigger picture so hardly a reason to plan on in my opinion.

[eek]

Interesting point but I don't think you've thought this one through. With that logic, you never take holidays. Because, when your rate is higher you 'lose' more money by not working. So it's best to holiday when rates are trashy.

If you don't like the contract and clearly you don't - turn the extension down. And hunt for another contract.

But don't bleat on about it here because its up to you to decide what to do.

[masonryan]

If you don't like the contract and clearly you don't - turn the extension down. And hunt for another contract.

But don't bleat on about it here because its up to you to decide what to do.

Thanks for the advice but please understand that people need to share these things with fellow contractors as these agencies are aggressive bullies who lie so much.

[masonryan]

Anyway so I told the agent I'd received legal advise not to sign any contract with such a clause in it and the agency then said oh it wouldn't be a clause in the contract, despite earlier in the day stating it would be added to the contract. More lies.