Enforced Christmas Holiday

[mcquiggd]

Well actually although the income will be missed as least ive had a good Christmas break... some good nights out (detox straight after New Years Eve though!) and got some paperwork sorted so I can rest easy...

If you work for a bank here in Scotland it seems you dont even have to take Bank Holidays off... they are optional... so ive seen whole teams of contractors sitting there talking about football costing a fortune...

[ladymuck]

I'm working this week despite the fact that there is literally nothing for me to do! The client is perfectly happy to pay me and another contractor to sit here thumb twiddling while all the permies take the week off. Nice to see that the public sector uses tax payer's bucks wisely!

[mcquiggd]

Unfortunately im in the same position - 3 weeks off, which I was not informed of... the contract doesnt mention it and the client was quite upset I hadnt been told, as the previous guy had walked off site and they were quite worried i wouldnt come back in January....

My PM and the Director of IT tried to arrange for some work for me to do from home but was told by Finance that the shut down applied to all contractors... but they have offered to pay overtime (as I normally stay late due to train times), but I really shouldnt have to do that.

Another lesson learned.... and another question to ask in writing from the agent and client...

[boredsenseless]

Which is exactly why you should be working to deliverables, not hours. Ho hum...

And statements like reasonably required are straight out of the big 5 employment contracts handbook, they have no place in a busines to business contract.

[malvolio]

Which is exactly why you should be working to deliverables, not hours. Ho hum...

[OrangeHopper]

I choose to give no further details other than to say the agencies involved are losing more and can see no way round the contractural clause that stipulates the contractor will do such hours as reasonable required by the client.

[MrsGoof]

I'm afected by this too.

What is interesting it does not apply to ALL, there are a lot of exceptions. I got an email from my agency which implied that contractors on NHS projects had to work.

They appear to be under the impression that telling SOME contractors not to work will save ££££, but they don't ssem to understand that the work will be done later, thus costing delays.

[DaveB]

Orangehopper.... I guess you are at BT with me then. PM me please.

I'm going to be starting with BT for 6 months in Jan. Are you at the leeds office? PM if you'd rather.

[malvolio]

Ratewhore

IMHO It's not really an example of MOO - the problem is they are not saying there is no work for you to do, they are saying "go away for three weeks and do nothing for us", which is not the same thing.

It all depends on what the OP's job is. If he's a developer for example, he can probably still do real work when the client is closed. If he sits on a support desk, he can't. Either way, the safe option is to disregard the client's instruction and pre-emptively say "I'm not coming in" (and keep a copy). It seems unlikely he'll get paid anyway, so let's at least approach it from the right direction.

[LordF]

You must be at BT then!!!

If your contract does not stipulate anything about holidays and you were not warned during contact negotiation, how enforceable "legally" is a "contractors will take three weeks off at Christmas" dictate?

Orangehopper.... I guess you are at BT with me then. PM me please.

[ratewhore]

Malvolio,

Aren't there MOO issues here as well in that the client is closed, they have no work for you for that period so no obligation to provide said work or pay for your time? Thats IR35 friendly isn't it?

[expat]

If it's not in the contract, then not at all. Also, this is clear evidence of Direction and Control from the client. and a very bad IR35 indicator. It's also bloody awful management to leave it this late, BTW!

If they've closed the office, ignore their request and tell them that since they are closed, you will not be at work for that period. If they are still open, then you have a contractual problem to solve: I'd suggest you start with the agency.

Can I ask one of the sympathetic agents here how they would handle this? I mean, if a contractor insists that his contract has him providing his services during the peorion, but the client doesn't want them.

What happens if a client contracts for your services and then prevents you from delivering them (i.e. shutsthe office)?

What happens if they don't prevent you, but just warn you (outsode the terms of the contract) that they don't want your services then?

If your contract really is with the agency and not with the client, isn't it the agency's problem? Or does that point of view melt away like spring snow as trouble approaches?

[malvolio]

If it's not in the contract, then not at all. Also, this is clear evidence of Direction and Control from the client. and a very bad IR35 indicator. It's also bloody awful management to leave it this late, BTW!

If they've closed the office, ignore their request and tell them that since they are closed, you will not be at work for that period. If they are still open, then you have a contractual problem to solve: I'd suggest you start with the agency.

[XLMonkey]

If your contract does not stipulate anything about holidays and you were not warned during contact negotiation, how enforceable "legally" is a "contractors will take three weeks off at Christmas" dictate?

You aren't an employee, so you can't be told to take holidays or time off. However, if the client doesn't require your services during a particular period of time then that would generally mean they don't have to pay you either. Unless there is a specific way in which you can continue to deliver the contracted services in their absence, you'll have to find something else to do with the time....

[OrangeHopper]

If your contract does not stipulate anything about holidays and you were not warned during contact negotiation, how enforceable "legally" is a "contractors will take three weeks off at Christmas" dictate?