Reply to: Two week break in middle of contract! is it legal?

[Stan]

I know from experience that investment banks do this, but didn't know they enforce it on subcontractors.

[PAG]

This has happened with my client too. Only contractors are to take holiday and minimum of 2 weeks in a single financial year. I work for a financial institue and the reason behind is to make sure you are not doing anything out of ordinary, if you are then it will be picked up since you are not going to be there for 2 weeks.

[slackbloke]

Can't imagine why. When a company pulls this kind of stunt you want to talk about and know if it has happened before. I guess the agency would prefer not to talk about it as it doesn't look good for them either.

[dmini]

I know I'm not - I phoned the agency & asked!!
They were a bit surprised it was already on forums

[slackbloke]

I definitely cannot confirm you are wrong :-)

[dmini]

Yep def the same company - checked my sources
If they get low staffed they may panic & pull you back - they did to one of the guys on our site - he only got one day off! He was upset as he'd planned stuff to do - that time it was only 1 week - but I got 1 hours notice.
Yes, it is probably a breach of contract, but you will be back there in 2 weeks - they only play this game at end of quarter! No-one on our site had this time off used as a "notice" clause. Last time they did this to my knowledge was September last year - which was I believe the first time they tried it!

[Bluebird]

don't worry you can use the TLA for them....

[dmini]

It was done last year to a whole lot of us
If its the same company, which wouldn't surprise me, they are a very large US IT company, into anything from mainframes downwards. Is that them?

[Bluebird]

tell her your going on a company funded team building exercise and go to spain for 2 weeks....

[slackbloke]

I suspected it would be that way, and the company and the agency have just dressed it up as something that must happen for their own purposes.
The problem of course is that I also don't want to rock the boat given that I still have 5 months to go.........................
And of course the wife thinks I now have two weeks to do jobs round the house :-(

[Bluebird]

so is it better to take th hit or not - I'm confused ?

[DaveB]

It all depends on whats happening with the Permies. My client has just done similar for a week because of the end of the financial year. All contractors told not to invoice for 5 days. Permies are not affected. Clear indication for IR35.

[martinb]

I have recently (3 weeks ago) signed a 6 month extension to my contract with a large IT company. Through my agency they have now requested a two week break starting next week (i.e. I will not be working and thus not earning).
Does anyone know if this is legal? Has it happened to anyone else?
I have the impression the agency are going along with it almost as a 'gesture of good will' and to ensure they do not 'upset' a very large client.
From my point of view it is very concerning as I am in a contract with no 'get out' clause but I am not earning any money (and finding a two week contract would be very difficult) and they may well ask for another two break for all I know.
The assumption is they are saving money at the end of the 1st quarter...but of course it also gives them time to re-assess............

Surely a good "outside of IR35" pointer. No work to be done in that 2 week period, so you don't get paid. No MOO.

[Bluebird]

Just re-read your post again, no the agency can't do this unless it specifically allows for it in your contract.

If the agency wants to agree a 'break' with the client then thats fine, but they also have to agree one with you as well.

I'd tell them, no you won't agree to it and invoice them for the days at a standard day rate even though you're not on site.

If the worst comes, they are in breach of contract.

[Bluebird]

It all depends what your new contract says - if the start date is 2 weeks after the end of your last one then you're stuffed.

I think [ although I could be wrong ] that the term "extension" is incorrect, you have a contract that has ended, they are now offering you a new one - the difference being here is that the finish / start dates don't tie up.

If you haven't signed the contract, you can hold out for the extra two weeks, or tell the agent you'll renew but at 5% increase on what you've been paid in the past [ cost of living etc ].

See what they say.

Have you signed the new contract ?