Reply to: Enforced Leave while under Contract

[LondonManc]

I don't disagree with what you're saying and I know many clients think exactly this way, however, what this means is that nothing within your contract is worth the paper it's written on and we're all, in effect, under complete D&C of the client - i.e. If the client says "Jump", you can refuse to but you'll be walked, so if you want to keep the contract you simply do as you're told.

Not really, it's just the politics of IT contracting. Simple fact is that some clients are better than others in their appreciation and treatment of contractors.

No D&C to it - I'll happily point out that something isn't in my contract deliverables and would potentially affect them if I was to carry the work out. However, I'm happy to do the work as a new contract after the current one. It's all about how you handle that sort of thing. A brief chat about how I'd do the work may help their permie guy on the way to doing it himself (and earn me brownie points) or may get me an extension to do it next. The clients have the money, agencies and contractors both want the biggest portion of it that they can get.

[billybiro]

Trouble is if you kick off and play the contract working thing you might end up with no contract at all.

And if you don't, you're sending them a clear message that you're a subservient doormat and they'll take it as carte blanche to continually treat you like one.

[psychocandy]

FFS OP there are good clients and there are bad clients. Sounds like this one is not particularly good but thats life.

In my experience, given what you've experiences there are some that would go for WFH, some who wouldn't to be honest.

Thing is you can't "make" them be decent. They're paying you at the end of the day. I'd be pissed off too mind and that'd be the last time they get favours out of me.

Trouble is if you kick off and play the contract working thing you might end up with no contract at all.

[PerfectStorm]

Call their bluff then and say that you'll leave or return at such point as it's convenient for you.

[billybiro]

Good luck with that.

Contracting isn't the level playing field that the contract makes it out to be. It should be, but it isn't. Kick up a fuss, you're walked; face doesn't fit, you're walked; politics kick in, you're walked.

I don't disagree with what you're saying and I know many clients think exactly this way, however, what this means is that nothing within your contract is worth the paper it's written on and we're all, in effect, under complete D&C of the client - i.e. If the client says "Jump", you can refuse to but you'll be walked, so if you want to keep the contract you simply do as you're told.

[Cid]

Good luck with that.

Contracting isn't the level playing field that the contract makes it out to be. It should be, but it isn't. Kick up a fuss, you're walked; face doesn't fit, you're walked; politics kick in, you're walked.

maybe i should add an additional "walking" fee into my contract.

[LondonManc]

Then they are in breach of contract.

The OP posted the relevant section of his contract which clearly states:

"The Consultancy will be at liberty to determine the location at which the Consultancy Services will be provided"

Do keep up yourself.

Good luck with that.

Contracting isn't the level playing field that the contract makes it out to be. It should be, but it isn't. Kick up a fuss, you're walked; face doesn't fit, you're walked; politics kick in, you're walked.

[northernladuk]

Then they are in breach of contract.

The OP posted the relevant section of his contract which clearly states:

"The Consultancy will be at liberty to determine the location at which the Consultancy Services will be provided"

Do keep up yourself.

And he's free to try pull it. Once he does this, in no particular order, the clause will be scrubbed from any future contracts and they'll pull a couple of other ones out allows them to walk him on the spot.

The client is treating him like dog dirt. You don't think they'll suddenly apologise and back down do you?

And just for clarity on 2nd quote, I said that because the quotee said tell them what he wants which he has already done so is of no help.

[billybiro]

For permies. You aren't a permie. You are a supplier and and expensive one at that (in their eyes).

Which he has done and they said no. Do keep up.

Then they are in breach of contract.

The OP posted the relevant section of his contract which clearly states:

"The Consultancy will be at liberty to determine the location at which the Consultancy Services will be provided"

Do keep up yourself.

[Jazzblogz]

Given they have nurses and that sort of thing it is not immediately obvious why you took several days off. If you want to be at home because of needs your wife has then a client might be slighty concerned whether you will be working flat out to earn your day rate or playing home nurse for some of the time. I could see why people could be concerned about what you are asking for. Your tone is vaguely permie. Maybe trying to negotiate some guaranteed deliverables or extended hours to make the deal more attractive to them

I am not taking "several days off" in any shape or form. My wife will have mobility issues for a week or so. I will be around "just in case".
I have offered deliverables and extended hours and out of office hours. The thing is they initially agreed, I worked, then they withdrew. Not for any concern on that fron but "for my wifes sake" and without discussion or consultation. Any concerns can be assuaged with measuring my deliverables on a daily basis.
Many contractors wfh with my current client and elsewhere...we always get measured by our SOW/Tasks/Deliverables. Ive been doing this for 20 years and never come across a client like this.

Using the term "playing home nurse" is being quite disrespectful.

[Cirrus]

My wife has been unwell in Hospital which forced me to take a few days off

Given they have nurses and that sort of thing it is not immediately obvious why you took several days off. If you want to be at home because of needs your wife has then a client might be slighty concerned whether you will be working flat out to earn your day rate or playing home nurse for some of the time. I could see why people could be concerned about what you are asking for. Your tone is vaguely permie. Maybe trying to negotiate some guaranteed deliverables or extended hours to make the deal more attractive to them

[Jazzblogz]

Seems unfair if permies and contractors can all do this already. Not sure you can force them if they have already said no.

Are you relatively new in the contract? Maybe it is a trust thing with new contractors, eg they only let you do that after a couple of months?

Been there since summer. At work punctual, delivered, worked beyond my hours with no notice etc...had one wfh since due to car. Maybe they value cars more than people?

[Jazzblogz]

ey contract clause

As you are a ltd company, then you should point out you want to provide the usual services working in your own office for the two week period (which just happens to be your home...)

This is a key contract clause. For Consultancy read me.

The Consultancy shall be permitted to determine how it will provide the Consultancy Services and, subject to complying with any reasonable operational requirements of the Client, will have the flexibility to determine the number of hours required to provide, and the times during which it will provide, the Consultancy Services. The Consultancy will be at liberty to determine the location at which the Consultancy Services will be provided, but where the Consultancy Services are undertaken at the Client’s site, the Consultancy will comply with any reasonable requirements relating to working hours, and any other operational requirements in relation to that site.

By the way most of the team are contractors and have wfh days and periods.

[jmo21]

Work From Home is an established practice for all the usual reasons (illness, religious, housing issues etc) at the client.
Please provide any useful insights as I see this as the client preventing me from earning an income as I cannot work elsewhere while they enforce this decision.

Seems unfair if permies and contractors can all do this already. Not sure you can force them if they have already said no.

Are you relatively new in the contract? Maybe it is a trust thing with new contractors, eg they only let you do that after a couple of months?

[LondonManc]

Sounds like a crap client. Get sorted out, get a new gig elsewhere.