have you got any holidays planned?

[psychocandy]

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?

I don't get it. Why does lower rate mean you want more holidays?

Sounds like agency is getting a bit scared that their income is being affected and you're going to take 50% of the time off.

I guess its in the contract for holidays but sick is different surely. Holiday is planned in but advance surely and communicated to client whereas sick is unplanned absence due to being unfit to attend. Completely different.

[psychocandy]

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.

As per my other post, holiday and sick are two different things though surely? I can't see how they could legally enforce a contract that limits time off sick too. Imagine that one going to court.

Of course, to even sign such contract would be not too clever unless, of course, you've got a subbie lined up to cover every eventuality. After all, if you get hit by a bus, last thing you want is hassle from agency/client when you're lying in hospital :-)

[psychocandy]

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.

LOL. Maybe.

So take the hol when rate is poor rather than good so you lose less per day? Sorta makes sense :-)

[Antman]

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.

I think you mentioned that you've been contracting for 10 years on some post. Is this the first time you've come across an agency lying?

[TheFaQQer]

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?

No, the contract wouldn't get cancelled. You would be in breach of contract and if the agency wanted, they could sue for damages.

Tell them to take the clause out. The danger is that your attitude just means that they tell you to do one and you won;t get anything. That's the problem with acting in an unprofessional manner - people stop wanting to work with you.

[TheFaQQer]

So the agency has decided to reduce your rate mid contract? --- Big Red Flag -- Is this an across the board cut or am I misinterpreting your post?

I don't see any discussion of a rate reduction.

[flipFlop]

Why do agencies ask this question before putting fwd your resume to the client?

Does it make any difference to one landing the contract?

The client had told the agent to ask it. Neither one of them knows why.

No, whether or not you have holidays planned makes no difference to your landing "the" contract.

[d000hg]

My answer is no, if I have any holiday booked I always bring it up at the end of the interview to the client now.

The agent gets a No, the client gets to know at the interview.

To me, even lying to an agent is still lying.

[masonryan]

To me, even lying to an agent is still lying.

In the past I have not lied to agents but then found that the truth was being used against me. Every time they ask what rate did you get on your last gig, I will quote to them the maximum contracting rate I have earned in my life, even if it was elsewhere. Never tell them if you have worked for a discounted rate, as they will work your negotiations from there. Get them to start from your max rate and work down.

[psychocandy]

In the past I have not lied to agents but then found that the truth was being used against me. Every time they ask what rate did you get on your last gig, I will quote to them the maximum contracting rate I have earned in my life, even if it was elsewhere. Never tell them if you have worked for a discounted rate, as they will work your negotiations from there. Get them to start from your max rate and work down.

Not sure if that always works unless, of course maximising income is your only motivation and you're in the lucky position of getting lots of contract offers.

Doing this may just price you out of the deal. I tend to take into consideration things like location, length of contract. For instance, I'd much rather take a contract 20 mins drive away for 6 months for £100 less than one over an hour away for 3 months.