Time off during a contract - advice please

[Bluebird]

Right,

To summarise my position here, basically I'm in doing a job on a long term contract and work as part of a team on the 'project'. The work I undertake is mostly analytical although some of it is incident management.

The problem here is that within the team, we used to have a 'permanent' member of staff as the team leader (although I know strictly under contracting this is permie speak and irrelevant to me), so I regarded them as the client overseeing a group of contractors to ensure the link was made for the purposes of getting the job done etc.

That person left some time ago, and as such they made one of the team members, a fellow contractor the 'team leader'.

Ever since I have had major disagreements with my 'team leader' over what is acceptable time off. Originally his view was that 25 days in a year (which included any bank holidays and sick days) was acceptable. I told him that this for me was unacceptable and after some major confrontations over the fact I challenged this, I went to my agency who said 'you need to agree it with the client'. On this basis I asked him to have this put by management within the company I contract for and it has basically come back saying that the team is run by him and that he decides. On this basis it was agreed following further discussions that 32 days is acceptable, but this has to include all bank holidays and any sick time off.

Can anyone please advise on what the situation is here, how I should approach it, or whether I'm being unreasonable? My understanding is as a contractor it is me who tells the client when I am unavailable, not the other way round? Although the client could then conclude I am not the person they want and either terminate my contract or refuse to extend it? (Worse case scenario here)...

What's annoying is that I've got another contractor effectively line managing me here because it 'fits' with the organisation, and the fact it's a long term (at least a couple of years) work.

Thanks!

Have you asked this "other" contractor if he has the same agreement with his "boss" and whether he's heard of IR35 and whether he pays full PAYE on it ?

If he is bound by the same rules then I'd leave and dob him into HMRC !

[ChimpMaster]

I've had 3 working days off this year so far.

Not sure I'd recommend it: I'm knackered.

Likewise, I think I've had 5 ... maybe take another 4 around Xmas, making 9 total. I'm gonna keep this up for the next 5 years and then I'll have enough cash to take off 10 days a year from 2012 onwards.

[VectraMan]

You have 32 days off in a year... wow...

I've had 3 working days off this year so far.

Not sure I'd recommend it: I'm knackered.

[oracleslave]

You have 32 days off in a year... wow...

Yes get back to work you slacker!

[ChimpMaster]

You have 32 days off in a year... wow...

[TheFaQQer]

If the client, or the person the client listens to is determined to be an arse then there isn't a great deal you can do about it.

Yep - depends how much you want to stay there. If it's too much hassle, then I would walk and find something else. I left permiedom so that I didn't have to deal with cretins like this, so why put up with it now?

That said, I have no idea what the market is like for the OP's skill set, so it may be worth just shutting up and sitting there until there is other work around.

[VectraMan]

You're providing a service, and if they're not happy with the service, either because you're not available when they need you, or your substitute isn't up to it, then they're going to get rid of you. At the end of the day it comes down to how much they need you vs. how much you need them.

If the client, or the person the client listens to is determined to be an arse then there isn't a great deal you can do about it.

[chris79]

Right of substitution is something I do have in my contract, but in all honesty in the role I do it would never work or be acceptable as a short-term solution because it would take more than a day to understand the work involved...

[TheFaQQer]

Sounds like too much D&C to me.

You tell them when you're unavailable, and don't work it. Not the other way round.

Some degree of compromise is to be expected (if you want to stay there) - otherwise, it's up to you.

Get a BoS contractor to sit there for the day when you want time off - use your right of substitution.

[r0bly0ns]

My understanding is as a contractor it is me who tells the client when I am unavailable, not the other way round? Although the client could then conclude I am not the person they want and either terminate my contract or refuse to extend it? (Worse case scenario here)...

I would go along with that.

Of course you have to be profesional and understand the clients issue's if you want to keep them as a client.

If the contract is between the client and a Ltd Co of which you are a director, then I see it as perfectly reasonable that the client insists that an employee of YourCo be on site for all but 32 working days of the year, but that doesn't have to be you personally.

However for them to insist on you personally being there and being given a 'holiday allowance' sounds far too much like employer/employee than client/supplier to me.

[chris79]

Right,

To summarise my position here, basically I'm in doing a job on a long term contract and work as part of a team on the 'project'. The work I undertake is mostly analytical although some of it is incident management.

The problem here is that within the team, we used to have a 'permanent' member of staff as the team leader (although I know strictly under contracting this is permie speak and irrelevant to me), so I regarded them as the client overseeing a group of contractors to ensure the link was made for the purposes of getting the job done etc.

That person left some time ago, and as such they made one of the team members, a fellow contractor the 'team leader'.

Ever since I have had major disagreements with my 'team leader' over what is acceptable time off. Originally his view was that 25 days in a year (which included any bank holidays and sick days) was acceptable. I told him that this for me was unacceptable and after some major confrontations over the fact I challenged this, I went to my agency who said 'you need to agree it with the client'. On this basis I asked him to have this put by management within the company I contract for and it has basically come back saying that the team is run by him and that he decides. On this basis it was agreed following further discussions that 32 days is acceptable, but this has to include all bank holidays and any sick time off.

Can anyone please advise on what the situation is here, how I should approach it, or whether I'm being unreasonable? My understanding is as a contractor it is me who tells the client when I am unavailable, not the other way round? Although the client could then conclude I am not the person they want and either terminate my contract or refuse to extend it? (Worse case scenario here)...

What's annoying is that I've got another contractor effectively line managing me here because it 'fits' with the organisation, and the fact it's a long term (at least a couple of years) work.

Thanks!