Reply to: Notice Period

[SueEllen]

My current contract specifies no time off allowed whilst serving a notice period...

If you got run over by that bus and were in hospital, I think a judge would rule the clause unenforceable.

In short you can't go on holiday or have any planned time off, but if it was unforeseen they would have trouble enforcing it.

[northernladuk]

My current contract specifies no time off allowed whilst serving a notice period...

I've never seen that in any of mine but it's surprising. It would certainly give a level of clarity when it comes to notice period and what is acceptable and what isn't. What they could do to enforce it is another thing though...

[chopper]

Exactly. A contract is a framework within which services can be delivered and paid for. Typically there is no stipulation in a 12 month contract (for example) that the contractor will provide services for 220 days, or will provide services for the last two days of a contract.

My current contract specifies no time off allowed whilst serving a notice period...

[psychocandy]

I don't remember you moaning like stink on the forum about this so I say it didn't happen.

This was some time ago nluk before my days on here :-)

[SueEllen]

SE dont get me wrong. You probably know I am the first to say that employer/client goes way down the list of importances for me. It goes family, friends, cat........... employer/client.

Despite in the past, when I was younger, there is now no way I would put employer/client first.

BUT, putting yourself first, sometimes its advantageous to be a bit flexible. In OPs case, if he ever wanted to work there again. Of course, in OPs case, if none of these options were available/hassle-free then I'd be telling client no sorry.

I do agree that certain companies seem to think they own you and dont care if you have families/children. IT is male-dominated I think its fair to say. I've had plenty of comments/suggestions in the past when I've said theres no way I can do something because of the kids. The implication always seems to be "can't wifey sort the kids". (No because she has her own job - nurse - which means shes letting ill people down if she bails from work rather than me causing inconvenience for a clients users).

I remember once, a client saying I "had to" stay on to sort an issue. Which was due to their poor planning. Upshot was it wasn't a big deal technically or cause that much hassle but it meant a bit of office politics and bad vibes for the department.

My wife was working so I had to pick son up. I tried to sort something out. Login in remotely (nope, cant allow that), couldn't get any family/friends at short notice. Wife couldnt leave early -they were short that day and she worked in theatre in hopsital so if she bailed they'd have to cancel some poor buggers operation.

I gave a brief outline to client but they STILL said I should ask my wife and explain. In the end, I had to go and they weren't happy. Declined next renewal.

@PC there are two parties to a contract.

If you treat someone badly they won't want to come back and work for you again.

[northernladuk]

I remember once, a client saying I "had to" stay on to sort an issue. Which was due to their poor planning. Upshot was it wasn't a big deal technically or cause that much hassle but it meant a bit of office politics and bad vibes for the department.

My wife was working so I had to pick son up. I tried to sort something out. Login in remotely (nope, cant allow that), couldn't get any family/friends at short notice. Wife couldnt leave early -they were short that day and she worked in theatre in hopsital so if she bailed they'd have to cancel some poor buggers operation.

I gave a brief outline to client but they STILL said I should ask my wife and explain. In the end, I had to go and they weren't happy. Declined next renewal.

I don't remember you moaning like stink on the forum about this so I say it didn't happen.

[psychocandy]

Why should the OP?

Companies need to be aware people have kids.

SE dont get me wrong. You probably know I am the first to say that employer/client goes way down the list of importances for me. It goes family, friends, cat........... employer/client.

Despite in the past, when I was younger, there is now no way I would put employer/client first.

BUT, putting yourself first, sometimes its advantageous to be a bit flexible. In OPs case, if he ever wanted to work there again. Of course, in OPs case, if none of these options were available/hassle-free then I'd be telling client no sorry.

I do agree that certain companies seem to think they own you and dont care if you have families/children. IT is male-dominated I think its fair to say. I've had plenty of comments/suggestions in the past when I've said theres no way I can do something because of the kids. The implication always seems to be "can't wifey sort the kids". (No because she has her own job - nurse - which means shes letting ill people down if she bails from work rather than me causing inconvenience for a clients users).

I remember once, a client saying I "had to" stay on to sort an issue. Which was due to their poor planning. Upshot was it wasn't a big deal technically or cause that much hassle but it meant a bit of office politics and bad vibes for the department.

My wife was working so I had to pick son up. I tried to sort something out. Login in remotely (nope, cant allow that), couldn't get any family/friends at short notice. Wife couldnt leave early -they were short that day and she worked in theatre in hopsital so if she bailed they'd have to cancel some poor buggers operation.

I gave a brief outline to client but they STILL said I should ask my wife and explain. In the end, I had to go and they weren't happy. Declined next renewal.

[SueEllen]

OP - Can you really not get someone else to take your daughter?

When I first read I assumed it was some sort of operation you were having. If so then fair enough.

Ultimately, you can say to client tough titty and nothing will happen but you'll have burnt you'r bridges then.

If it was me, I'd try to sort something out. Options:-

1. Get someone else to take daughter.
2. You say appt is morning, offer to go in to client afternoon/evening?
3. Offer to do a saturday or sunday?
4. See if new client will allow start wednesday.

Why should the OP?

Companies need to be aware people have kids.

[psychocandy]

OP - Can you really not get someone else to take your daughter?

When I first read I assumed it was some sort of operation you were having. If so then fair enough.

Ultimately, you can say to client tough titty and nothing will happen but you'll have burnt you'r bridges then.

If it was me, I'd try to sort something out. Options:-

1. Get someone else to take daughter.
2. You say appt is morning, offer to go in to client afternoon/evening?
3. Offer to do a saturday or sunday?
4. See if new client will allow start wednesday.

[Lance]

hahahaha love it!!!

Good to know this post garnered a lot of responses.
To give you an update:

1: The hospital appointments were to take my 8 week daughter for her check up and start of immunisation jabs. They couldnt do it on one day and so split it over 2.
2: I did offer to work from home as both appt are in the morning but the 'manager' doesnt want contractors working from home (apparently we cant be trusted and he has been burned before...his words) so days off it is.
3: Turns out he was happy with the handover. What he actually wanted was me to come in for 2 days this week as they had a new tech starting and he wanted me to handover/train him up (even though my replacements has been already prepped).

Needless to say I said no to coming in this week. I have started a new contract and first week is always about making a good impressions so taking off 2 days the day after i start was a no no for me.

As someone mentioned earlier, I dont work I dont get paid...so its not like they lost out on money or anything like that.

Sounds like you've answered your own question. Manager seems to be a bit of a berk and likely won't be happy whatever. Focus on your daughter and next role.

[MonkeysUncle]

Use your right of substitution and send a random homeless person...

hahahaha love it!!!

Good to know this post garnered a lot of responses.
To give you an update:

1: The hospital appointments were to take my 8 week daughter for her check up and start of immunisation jabs. They couldnt do it on one day and so split it over 2.
2: I did offer to work from home as both appt are in the morning but the 'manager' doesnt want contractors working from home (apparently we cant be trusted and he has been burned before...his words) so days off it is.
3: Turns out he was happy with the handover. What he actually wanted was me to come in for 2 days this week as they had a new tech starting and he wanted me to handover/train him up (even though my replacements has been already prepped).

Needless to say I said no to coming in this week. I have started a new contract and first week is always about making a good impressions so taking off 2 days the day after i start was a no no for me.

As someone mentioned earlier, I dont work I dont get paid...so its not like they lost out on money or anything like that.

[northernladyuk]

No it doesn't. Remember, if a client offers you no work, you can't bill them. And this works the other way too.

OP - Simply say to your "manager" that you're unavailable for the final two days (you don't even need to give a reason) but that it's all ok as you won't be invoicing for those days.

No work == no money. No money == no work. Cuts both ways.

Exactly. A contract is a framework within which services can be delivered and paid for. Typically there is no stipulation in a 12 month contract (for example) that the contractor will provide services for 220 days, or will provide services for the last two days of a contract.

If a contractor has a three month notice period (as in another thread), then give three months' notice and advise you won't be providing services within that period. If you're feeling kind, offer to send a sub.

[northernladyuk]

Use your right of substitution and send a random homeless person...

Fine until they sub it to PC.

[jimjamuk]

I assume you aren't going into hospital for a stay or having an Op??

Just tell them you are available from 5pm through midnight for both those days when you get back home. At least you have made an offer to do the time

[Agent]

Use your right of substitution and send a random homeless person...