Reply to: Advice - no work to do, client sending me home

[PerfectStorm]

Never wait for a flakey client (or prospect) to give you final confirmation that you should at least look for new work. Getting your availability around the market takes time - start now. You'll either be on the way to lining something up or have to say "sorry no" to someone. But don't do nothing.

[northernladuk]

Do they tell you when you are sorting the contract or just send out a memo in December? The former seems more like something you might get in your official schedule of work... but I imagine it's typically the latter?

Never seen it in a schedule or contract. I personally ask the question not long after starting. I tend to need to know business periods like profit protection and change freezes early on so always ask what the score is over xmas at the same time. Helps me plan to try be busy over that period so I can get an exemption and work.

In the few cases where the do an official confirmation tends to be an email to all contractors mid to late Nov from what I remember.

[d000hg]

It's still exactly the same clause used in the contract so we've all be told to go home and not get paid. Just trying to make that point...

Do they tell you when you are sorting the contract or just send out a memo in December? The former seems more like something you might get in your official schedule of work... but I imagine it's typically the latter?

[northernladuk]

That's not random, that's an annual process though? How common is this? I have a client who closes over the holidays but that's for everyone, not just contractors.

It's still exactly the same clause used in the contract so we've all be told to go home and not get paid. Just trying to make that point..

One of my clients did that due for office politics reasons. The 2 weeks off meant I got an extra 4 months as I did the "expert" work the other person was suppose to be doing.

I am sure I heard some banks have done it balance year end numbers and I've also see some client that have a maximum number of billing days in a year and some contractors who never took holidays that to have a couple of weeks off as they had met the max. There are many examples of this type of thing happening. Just kinda lucky if you've managed to avoid them all.

[SueEllen]

OK apart from Bank Holidays. Come on NLUK - how many of us have had gigs where the client randomly decides to save money and send you home for the week? Of course, its better than being on the bench but, market conditions dependant, would you not consider an alternative to a client who pulls this one.

One of my clients did that due for office politics reasons. The 2 weeks off meant I got an extra 4 months as I did the "expert" work the other person was suppose to be doing.

[d000hg]

Every single one off us that has had been asked not to come in over xmas.

That's not random, that's an annual process though? How common is this? I have a client who closes over the holidays but that's for everyone, not just contractors.

[TheDude]

Every single one off us that has had been asked not to come in over xmas.

I have had exemptions for the last two years!

[northernladuk]

OK apart from Bank Holidays. Come on NLUK - how many of us have had gigs where the client randomly decides to save money and send you home for the week? Of course, its better than being on the bench but, market conditions dependant, would you not consider an alternative to a client who pulls this one.

Every single one off us that has had been asked not to come in over xmas.

[psychocandy]

Most definitely start looking. You've got nothing to lose. Two things could happen with your client. They suddenly pop up with work soon then fine or they carry this on for two or more weeks and you've nothing. At least looking in the mean time if the latter happens you're already looking. You have zero decision to make at this point as you've nothing on the table. Get some options and then make the decision. Sitting around doing nothing at all isn't helping you one iota.

And to be fair, you really need to be shot of this lot so get looking.

Id agree with nluk here. Arrghh!

Got to get some options....

[psychocandy]

Unless there are bank holidays and you won't be expected to be paid for them? Depends on what you mean by expectation really as well. If you are dead set on that expectation then you are heading for disappointment at some point. Expecting it but only being slightly disappointed if it happens because it's what we do would be fine.



Can't argue with that really but there are situations that if you read properly this isn't as big an issue as it appears. It's a risk for sure but if the option is sitting on the bench doing nothing then it's not the worst option. 6 weeks is really pushing it to be fair though.


I seem to remember you weren't squeeky clean in the whole carry on by not checking your own SC status and making sure you knew what was going on? And they think your usefullness is limited until SC. Imagine their disappointment after it's sorted

OK apart from Bank Holidays. Come on NLUK - how many of us have had gigs where the client randomly decides to save money and send you home for the week? Of course, its better than being on the bench but, market conditions dependant, would you not consider an alternative to a client who pulls this one.

The client is question with the renewal had a bad record with renewals. More than one contractor worked the extra week after renewal only to be told "Ah sorry we can't get the budget and we can't pay you for this week either". So I wasnt going to do it for 6 weeks.

Quite funny for you NLUK as well.... Never mind eh? Got 4 weeks so far before they find out the truth lol.

[eek]

What they are doing might be quite legal but it isn't on.

The story of about half my conversations at the moment

[SussexSeagull]

If you are not already doing so then start looking for a new contract What they are doing might be quite legal but it isn't on.

[northernladuk]

This seems to be a classic case of an unknowing client wanting a contractor, to treat them like a contractor, but to pay them as an employee with absolutely no clue as to the implications.

They don't pay them as an employee, they get taxed as an employee by the gov so you are off on the wrong foot before you've even started.

From my point of view, if it's Inside, there is MoO and so you should be found something to do and be paid.

Well you would be wrong then. There are many reasons for being inside, the most usual will be RoS which never really worked in the old days of outside. Could be direction and control or it could be just the client playing safe and saying inside. The contracts will broadly be the same inside or outside as it's a tax position not a contractual one. Some elements will be different as they don't need to meet outside requirements but it's still a T&M contract for services and it's still likely to have the no work no pay clause. A client would be an idiot to leave that out even if it is inside. Which ever tax status it is, it is still a T&M contract. Got squat to do with MoO really. What you are describing is an FTE contract which is a whole different ball game.

Otherwise, mention this to the agent as being 'four letter expletive', and start looking elsewhere today.

A better thing to do is check the contract and see if it is in there, which it will be and carry on without being unprofessional.

And I am seeing examples of this ignorance all over.

Us too but we aren't looking beyond your post

[d000hg]

How is "there's no work you're not getting paid" being aid like an employee? This is a dream gig for a permie, you get salaried for nowt

[simes]

This seems to be a classic case of an unknowing client wanting a contractor, to treat them like a contractor, but to pay them as an employee with absolutely no clue as to the implications. And I am seeing examples of this ignorance all over.

Granted, we are in a sticky situation where no one, you the OP, go crying to will give a damn nor be able to resolve. From my point of view, if it's Inside, there is MoO and so you should be found something to do and be paid. If it was Outside, then there is no MoO, you suck it up and await something to do, to be given to you.

Otherwise, mention this to the agent as being 'four letter expletive', and start looking elsewhere today.