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Annual leave request

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    #11
    Originally posted by CourtesyFlush View Post
    Being asked to fill one out.....

    Er no.

    There will be repercussions if I don't comply apparently.
    Does it say in the contract that you signed that you have to fill in an "annual leave request" if there are days that you won't come in? I suspect not.

    In which case you can just not come in (after telling them by email this).

    If they want to terminate your contract that's up to them, according to the terms of the contract. But you haven't broken your side of the contract.
    I would imagine they will probably whinge and complain, but keep you on until your next renewal. And then not renew.

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      #12
      Originally posted by KentPhilip View Post
      Does it say in the contract that you signed that you have to fill in an "annual leave request" if there are days that you won't come in? I suspect not.

      In which case you can just not come in (after telling them by email this).

      If they want to terminate your contract that's up to them, according to the terms of the contract. But you haven't broken your side of the contract.
      I would imagine they will probably whinge and complain, but keep you on until your next renewal. And then not renew.
      I guess the OP could offer to complete the form for an administrative fee of £50.
      The material prosperity of a nation is not an abiding possession; the deeds of its people are.

      George Frederic Watts

      http://en.wikipedia.org/wiki/Postman's_Park

      Comment


        #13
        Originally posted by Pondlife View Post
        Everything past J37 on the M4 is the domain of a Giant Alien Lizard

        PC's range of Job Centres goes from the new(er) Severn crossing to J28.

        MUN Patrols everything north of Pontypridd IIRC

        and I maintain the fence that makes sure none of them get to Cardiff.

        He's got a bit of cash in hand work in Port Talbot helping out a mate with second hand furniture deliveries, so he's quite flexible.
        The material prosperity of a nation is not an abiding possession; the deeds of its people are.

        George Frederic Watts

        http://en.wikipedia.org/wiki/Postman's_Park

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          #14
          Looks like it may come to it.

          ClientCo have now stated if I don't fill out the annual leave request, and go on holiday they will terminate my contract.

          They also state they do view the small business contractors differently from the contractors from the larger companies, although they don't say why. Apparently plans are afoot to bring in appraisals for those contractors they deem should do them.

          Even funnier is that page 1 of my contract states that myco warrants not to follow any direction or control.

          So my position is untenable.

          Comment


            #15
            Originally posted by CourtesyFlush View Post
            Looks like it may come to it.

            ClientCo have now stated if I don't fill out the annual leave request, and go on holiday they will terminate my contract.

            They also state they do view the small business contractors differently from the contractors from the larger companies, although they don't say why. Apparently plans are afoot to bring in appraisals for those contractors they deem should do them.

            Even funnier is that page 1 of my contract states that myco warrants not to follow any direction or control.

            So my position is untenable.
            And the individuals on the power trip probably think they are adding value to their company.

            Comment


              #16
              Originally posted by CourtesyFlush View Post
              ClientCo have now stated if I don't fill out the annual leave request, and go on holiday they will terminate my contract.
              Do they mean that, or do they mean "if you just disappear for a couple of weeks and don't tell us, then we'll terminate the contract"?

              If it's the former, then get looking and leave. If it's the latter, then explain that you aren't just going to disappear without telling them, but as per the contract you (and they) would be in breach if they attempted to exercise this level of direction and control.

              Check your contract and see what the terms are for the client to terminate - it would be amusing if they terminated because you went on holiday and then it turned out that they had breached the contract...
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              Comment


                #17
                Originally posted by CourtesyFlush View Post
                Looks like it may come to it.

                ClientCo have now stated if I don't fill out the annual leave request, and go on holiday they will terminate my contract.
                Can them.

                If they are not prepared to treat you as a contractor, they don't deserve to be treated as a client. Give them notice to terminate the contract today.

                Comment


                  #18
                  Page one of the contract states :

                  The supplier acknowledges that it will not act under the control of the hirer or end user and that for the purpose of the Employment Agencies Act 1973 the agency is not acting as an Employment business.
                  So to do this would put me in breach

                  Also it refers to R3(2)(b) of said act which states :


                  But an individual is not an agency worker if—

                  there is a contract, by virtue of which the individual is available to work for the hirer,
                  having the effect that the status of the hirer is that of a client or customer of a
                  profession or business undertaking carried on by the individual.

                  Comment


                    #19
                    just ask them to add a tickbox on the form saying 'contractor' and a rider saying 'if contractor this form is to allow simple notification of absence to the client using their holiday system'. should do it.
                    Always forgive your enemies; nothing annoys them so much.

                    Comment


                      #20
                      Originally posted by vetran View Post
                      just ask them to add a tickbox on the form saying 'contractor' and a rider saying 'if contractor this form is to allow simple notification of absence to the client using their holiday system'. should do it.
                      To be fair they don't really sound that accomodating.
                      Knock first as I might be balancing my chakras.

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