need some urgent clarification

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washed up contractor replied

15 March 2018, 15:03
Originally posted by warleb View Post

i have been in a rolling contract for a number of years with no issues. i was due to start a new project but is has been delayed. so since the new project has not started there is no money until it does. so i was asked to take holiday until it starts. how do i stand with this? it does not state anywhere in my contract about forced holidays. only the standard termination period.

OK so you have been on a cushy number for a number of years (part and parcel alert!), have been offered a new project \ work and now find you may have a period where you have no money coming in. And you think this is a force holiday?

Honestly, what do some people want?
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northernladuk replied

15 March 2018, 12:40
I hope to god you are either through an umbrella or have the best IR35 insurance money can buy!!!!!

I don't even know where to start with this one.
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TonyF replied

15 March 2018, 12:07
Originally posted by warleb View Post

i think it is a holiday when the client emails my agent stating i am taking extended holiday without any notice to me. its not my fault they screwed up with there budget.

Alternatively, terminate the contract now and then get a new contract sorted when they have the budget (on the presumption that you are still willing and available to do the work).

That gives you the freedom to find something else whilst still saving them money.

I wouldn't accept a vague "go away until we are ready for you and we don't know how long that will be" because that ties you into delivering for them when it suits them, even if it might not suit you. Plus if they termiante the contract now and you go back, you have the opportunity to get a rate increase when you have those negotiations.
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SueEllen replied

15 March 2018, 11:47
Originally posted by warleb View Post

i think it is a holiday when the client emails my agent stating i am taking extended holiday without any notice to me. its not my fault they screwed up with there budget.

It is a polite way of telling you to stay away until the new project starts.

(FFS do people really not understand social graces any more? )

Anyway as already stated look for a new contract as your "holiday" could end up being months. Also as you aren't a permanent employee they have no legal obligation to pay you.
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WTFH replied

15 March 2018, 11:16
Originally posted by warleb View Post

it is a holiday when the company emails my agent stating i am taking extended holiday until the project starts.

remember i was given no notice at all about this. just asked to take holiday.

It's not a holiday.
Permanent employees take holidays.
Contractors have time when they are not billing.

Next, what does your contract say?
What is the notice period in your contract?
If you've been working there a long time then you should have a reasonable warchest built up. Start looking for new contracts and make a call as to whether you want to stay on with your current client or seek something else.
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TonyF replied

15 March 2018, 10:59
Originally posted by warleb View Post

how do i stand with this? it does not state anywhere in my contract about forced holidays.

What does it say about being paid to do nothing? If there is a clause that says that you are paid for nothing then please share the agency and client because there are probably lots of people who would want to do business with them on those terms.
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warleb replied

15 March 2018, 10:55
i think it is a holiday when the client emails my agent stating i am taking extended holiday without any notice to me. its not my fault they screwed up with there budget.
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warleb replied

15 March 2018, 10:52
it is a holiday when the company emails my agent stating i am taking extended holiday until the project starts.

remember i was given no notice at all about this. just asked to take holiday.
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malvolio replied

15 March 2018, 10:48
It's not a holiday, it's a period of no work. Why do you think a client should pay a contractor when there is no work for them to do?

HTH...
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clearedforlanding replied

15 March 2018, 10:44
Look for another contract until one materialises or this project starts. Unless specifically stated in your contract you have no guarantee this project will restart.
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warleb started a topic need some urgent clarification

15 March 2018, 10:32
need some urgent clarification

i have been in a rolling contract for a number of years with no issues. i was due to start a new project but is has been delayed. so since the new project has not started there is no money until it does. so i was asked to take holiday until it starts. how do i stand with this? it does not state anywhere in my contract about forced holidays. only the standard termination period.
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