Reply to: "Wet Signed" Contract vs Verbal and Email amendments

[vadhert]

This thread is ridiculous.

You have two choices.

Either put up with it or move onto the next contract.

[Sands of Time]

It annoys me.

I bet all contractors there are regularly in a huddle discussing this and getting hard thinking about 'sticking it to the man' - so to speak.

If you don't want the role - step aside, plenty more where you came from.


Tone

[northernladuk]

That said, though, some people around here would have you bending over, dropping your pants and drawing a target around your a-hole to help the client in screwing you.?

Might add that to NLadyUK's Continual Service Improvement Register!

[billybiro]

Despite your obvious sarcasm ... Pull your head out of your arse. So what if they want you in 9 to 5. Do 9 to 5 - Next time they need you to work late or come in early, don't.

Not hard really.

FWIW, I don't disagree with you, and I was being largely sarcastic in my original post. A minor change in hours (i.e. doing 9-5 instead of 8-4 or equivalent) is nothing to get worked up over.

That said, though, some people around here would have you bending over, dropping your pants and drawing a target around your a-hole to help the client in screwing you.

It's important to have some flexibility around the specifics of your contract, but there's a fine line between that and allowing the client to treat you like a subservient peon. You really do have to draw the line at some point. And with some clients, even showing a little flexibility has them thinking they can get away with much more - the old "give them an inch" and all that.

Besides, how often do clients agree to contract terms that you decide to randomly change mid-contract?

[SussexSeagull]

Get in writing what hours they want you to do and stick to them. Then make sure that is all you do for them.

[Batcher]

As a contractor I'm paid to be "right" or "correct". I just want to be in possession of the facts when I argue with them

Asking a bunch of random people on an internet forum for their opinions will get you loads of opinions but without seeing the contract and understanding the working practices there will be very few of them that can be considered facts.

[jmo21]

@Haggisnneeps there are very likely other termination clauses in your contract which means they can terminate you at will.

This.

Most of the contracts we work under are like this.

In our opinion, yours probably will be too (but have a read and see).

There is no doubt it's tulipty if they are trying to force hours on you, if you're correct in your statement regarding the boss flexing his muscles.

[SueEllen]

@Haggisnneeps there are very likely other termination clauses in your contract which means they can terminate you at will.

[jamesbrown]

They can terminate if they want but have to pay 2 weeks notice if they do (if there is no fault on my part) so I either get paid garden leave of two weeks or work those two weeks. I don't mind.

Gardening leave? You really have the wrong mindset here, akin to that of a permie. Does your contract state that you will get paid two weeks notice, unconditionally, upon termination of the contract (i.e. without a signed timesheet) or does it say that you will get two weeks notice? If the latter, you shouldn't expect a penny, as there will be no work for you to do. If this is your first experience contracting, I suggest you reevaluate your expectations, because they're well off the mark.

[BolshieBastard]

I believe the email and verbal agreements to form part of the contract and to be binding in which case we can refuse and they cannot terminate the contract (which has a few weeks left to run)

Nope. You've already agreed to vary the start \ finish times 3 times. I dont think you'll find anyone who says you've a leg to stand on. Some lawyers may decide to fleece you if you want to go this route.

[Haggisnneeps]

Doormat / Cloakroom

Yes I get all that and a few weeks ago I wouldn't have minded. I'm not through an agency. I'm direct to a supplier who is direct to the client. Both supplier and client originally agreed the change to the early shift. New person seems to be sticking to their 9-5 but I think is pi**ed off that we have flexibiity and they don't so are flexing their muscle

My point about lawyers etc is this. I don't want to terminate so I wont. They can terminate if they want but have to pay 2 weeks notice if they do (if there is no fault on my part) so I either get paid garden leave of two weeks or work those two weeks. I don't mind.

Now that the can of worms is open its a bit awkward but I will probably walk away. I'm just wanting to know if I am due 2 weeks notice "contractually"

Theres no issue with workload. Loads of work and I'm right in the middle of it. Its their loss really.

As a contractor I'm paid to be "right" or "correct". I just want to be in possession of the facts when I argue with them

As an aside i have offered loads of different /flexible options to get round the issue (which is the missus starting college and doing shifts the same bloomin week they want me to do other shifts. We have booked up child care and she is in the shift rotas, all ready to go then this happens!)

It'll be a pain. What I wanted to know is - do I argue/mitigate/offer options/appease. Then let them tell me to go
OR do I just say no thanks and go.

Everyone/everything seems to suggest option 2 is a go-er. So be it.

Would have loved a contract lawyers opinion (yes a freebie !!!) Before actually engaging one. But yes I'm beginning to see I may not be getting shown the door yet, but I'm certainly being walked towards the cloakroom, which is next to the bar. My next move will decide whether I get offered another drink or handed my jacket..... and I'm not all that thirsty....

[billybiro]

Is a change in working time really worth getting binned of a contract?

Exactly. When the client says "Jump", you simply ask "How high?". You're nothing but a doormat, to be used and abused at the clients' behest. Now get back to work and remember your place, you subservient little peon.

[Pondlife]

Is a change in working time really worth getting binned of a contract?

Is sticking to the contract you signed up to really worth getting binned off a contract surely?

[northernladuk]

Is a change in working time really worth getting binned of a contract?

[SueEllen]

The intelligent thing to do would be to agree to the change in hours then show the new manager why everyone working exactly 9-5 doesn't work.