Reply to: Extension - attempted rate cut

[SueEllen]

That's what I meant, you can have a 4 week notice period which the client can serve to the letter of your contract but then tell you that there's no work for you to do = no £££, not complaining about that but it makes contract length and notice periods not worth much.

The vast majority of clients do not do this simply because they will not risk you taking them to court. There are unwritten terms in our contracts which rely on case law and b "gentlemen's" agreement.

They therefore either:
1. Ensure the notice is one or two weeks if they have a history of having projects canned early, OR
2. Make up a false excuse to get rid of you, OR,
3. Find a real excuse and document it to get rid of you, OR,
4. Get a mutual agreement which one party writes down for you to go.

1 can mean if there is absolutely nothing to do they bung you a few quid, while 2 and 3 makes contractors angry. Though in the cases where 3 happens they tend to make sure there are at least two witnesses including one who is independent.

[SlipTheJab]

That's why my phone is ringing of the hook.

PPI?

[SlipTheJab]

There is to some extent but we are also one T&M basis so no work no pay which is detailed in the contract. MoO deals with the issue of an over arching contract of employment do can't exist between assignments.

The details are a lot more complicated than that but that's how i see a quick summary

That's what I meant, you can have a 4 week notice period which the client can serve to the letter of your contract but then tell you that there's no work for you to do = no £££, not complaining about that but it makes contract length and notice periods not worth much.

[SueEllen]

Take the 15% cut the job market is tough right now! Lots of reluctant bench warmers in the market.

That's why my phone is ringing of the hook.

[northernladuk]

There is to some extent but we are also one T&M basis so no work no pay which is detailed in the contract. MoO deals with the issue of an over arching contract of employment do can't exist between assignments.

The details are a lot more complicated than that but that's how i see a quick summary

[b0redom]

Really? I thought MOO dealt with work in the existing contract, and that's how companies can furlough staff. "Don't come in over Xmas, there's no work for you to do."

[northernladuk]

MOO Means that any contract length is only as good as a 1 day contract!

I think your perception is wrong. MoO deals with the obligation to offer work AFTER the work you've been brought on to do is complete. The contract is a T&M one which deals with it in assignment.

The term in the contract around MoO that helps IR35 is something like..

The [Employment Business] is under no obligation to offer future contracts to the [Contractor] and if it does make any such offer, the [Contractor] is not obliged to accept it.

Other links with reference to this...

The key factors which determine your IR35 status

IR35:Substitution, control and mutuality of obligation :: Contractor UK

and so on.

[clearedforlanding]

MOO Means that any contract length is only as good as a 1 day contract!

Is it just the default that clientcos & agencies **** over contractors with unilateral contracts in the UK now? It's nearly 2 decades since I left contracting in the UK on a world contracting tour.

I would have no problem signing off a reciprocal notice period for a contractor who had demonstrated his value and I wanted to renew for 12 months.

[Danglekt]

To be fair, it won't be a one day contract. I'm working with the directors and will be directly involved with all aspects of the programme I'd be leading, so I'll see when the writing is on the wall.

[SlipTheJab]

This is specifically why I said "amended contracted". You want a 12 month commitment? Great, let's agree on reciprocal notice periods. Otherwise it's as good as a 1 day contract.

MOO Means that any contract length is only as good as a 1 day contract!

[clearedforlanding]

But there is no stability. Just a 'plan' from the client that they want you there for the duration. This might change - no sense in taking lower rate hoping it'll provide stability.

This is specifically why I said "amended contracted". You want a 12 month commitment? Great, let's agree on reciprocal notice periods. Otherwise it's as good as a 1 day contract.

[Danglekt]

Did it come from the client or the agent? Maybe you should suggest the agent is doing sod all for the repeat business and should be reducing their margin.

Agent? never used one - all my work is direct.

[d000hg]

Did it come from the client or the agent? Maybe you should suggest the agent is doing sod all for the repeat business and should be reducing their margin.

[northernladuk]

Is the boat being rocked or am I just presuming how a client works? What about the if you don't ask you don't policy. It's a tricky one.

It can be. If they are fixed rates it simply won't work. If you are crap at negotiationing and go in limp twisted it won't work etc. Manyany threads on asking for a rate increase so maybe have a read of some of them?

[heyya99]

If you are happy with it why rock the boat.

Is the boat being rocked or am I just presuming how a client works? What about the if you don't ask you don't policy. It's a tricky one.