Reply to: New public sector contract - worrying points

[CheeseSlice]

Send a subbie instead.

Yes thats what should happen, but I think this is where the contract breaks down.

It is understandable for the clientco to want to prevent absence if something important or time-critical is going on with a project, however, its the way they go about this in the contract which I don't think will work.

On one hand they've got a substitution clause, and on the other they have explicit veto power over you (who else could this mean but the worker?) booking holidays and phoning in before 10am on a sick day. If I'm not mistaken, this is a contract going for QDOS IR35 review so must be for a LTD co contractor, and so the worker cannot be a signatory to this. No clientco should have veto powers over an employee of a 3rd party from taking holidays. In a normal consultancy (not a one man band LTD co contracting firm) that would require some kind of variation to an employment contract to be signed between the worker and the consultancy.

IMO - the contract should really be in the context of a service provider providing service, and there needing to be continuity to that service. Not discussing individuals, holidays or sickness. These things can only be internal matters for the service provider.

[SueEllen]

+1

I don't think the tone of the clauses gives any hope for negotiation. Unless I was desperate and happy to work inside IR35 I would walk away.

Depends on how you negotiate......

[Old Greg]

Must admit that one wouldn't worry me too much. I think the wording is a little harsh but not really unreasonable. A client would be within his rights to say you can't be off during a go live week or something. If it's a problem you negotiate but still pretty unreasonable for you to think you can swan off in a period such as this. Phoning in when you are sick is just plain courtesy. Again, IMO, not unreasonable if client to expect notice early in a day if you can't make it.

I am sure when you get on site things will be different. You will advise you are unavailable for work and he will say OK etc

Send a subbie instead.

[northernladuk]

I would never ever sign a contract containing a clause like this. This says a lot about how they expect to be able to treat you, like a well behaved little permie.

Must admit that one wouldn't worry me too much. I think the wording is a little harsh but not really unreasonable. A client would be within his rights to say you can't be off during a go live week or something. If it's a problem you negotiate but still pretty unreasonable for you to think you can swan off in a period such as this. Phoning in when you are sick is just plain courtesy. Again, IMO, not unreasonable if client to expect notice early in a day if you can't make it.

I am sure when you get on site things will be different. You will advise you are unavailable for work and he will say OK etc

[Batcher]

I would never ever sign a contract containing a clause like this. This says a lot about how they expect to be able to treat you, like a well behaved little permie.

+1

I don't think the tone of the clauses gives any hope for negotiation. Unless I was desperate and happy to work inside IR35 I would walk away.

[TheFaQQer]

that's good, and a hyperlink as well.

Another veteran welcomes the new members with a patronising reply an example of how best to search the forums, and a link to the thread i was looking for.

ftfy

hthbivvmdi

[CheeseSlice]

2. They want me to get permission to take days off and to call in before 10am for a sick day

I would never ever sign a contract containing a clause like this. This says a lot about how they expect to be able to treat you, like a well behaved little permie.

[DiscoStu]

That's good, and a hyperlink as well.

Another veteran welcomes the new members with a patronising reply.

Perhaps you should familiarise yourself with the rules of behaviour in the professional forums, which include not bypassing the swear filter, as you did in an earlier post.

Here, I'll even give you another hyperlink.

[turbowoowoo]

Here

That's good, and a hyperlink as well.

Another veteran welcomes the new members with a patronising reply.

[DiscoStu]

Here

[TheFaQQer]

Hi, do you have a link to the post from last week?

I too have a new contract which has similar clauses.

regards

Here

[kal]

This a very patronising response.

I have used the search function and have found numerous similar posts but asked which post was specific to the OP.

What part of this request warranted a sh1tty response such as yours?

Congrats for being the first self righteous ***** I have met to date on this great forum.

Really? You clearly haven't been looking hard enough , seriously dude chill out...

[turbowoowoo]

Use the search facility or search from Google. If you work in IT these skills are vital to learn as you should be able to work without being spoon fed all the time.

This a very patronising response.

I have used the search function and have found numerous similar posts but asked which post was specific to the OP.

What part of this request warranted a sh1tty response such as yours?

Congrats for being the first self righteous ***** I have met to date on this great forum.

[SueEllen]

Hi, do you have a link to the post from last week?

I too have a new contract which has similar clauses.

regards

Use the search facility or search from Google. If you work in IT these skills are vital to learn as you should be able to work without being spoon fed all the time.

[turbowoowoo]

thanks folks - I spotted the one from last week and it looks like the same agency imo. I've found QDOS are fine for reviews though I've never had one like this before!

Hi, do you have a link to the post from last week?

I too have a new contract which has similar clauses.

regards