Reply to: Unsure what to do....

[Sockpuppet]

Chances of sockpuppet getting an extension ???

You may have a water tight contract which allows you to do what you want, but holding it in front of the clients face and screaming nyah nyah na nyah nyah is not going to make you many freinds, may impact chances of a future extension and will make you look both unprofessional and an arse.

People skills are one of the most importnant requirements for being a contracotr IMHO

About 100% I say. Starts on Wednesday

3 month extension to a 3 month original contract

[Ardesco]

Bingo.

My client said to me the other day:

Me: "I don't work for client corp you know and really have very little commitment beyond the terms of the contract".

Client: "Your contract doesn't say you can do what you like though"

Me: "Actually it does. I had it written that way."

Chances of sockpuppet getting an extension ???

You may have a water tight contract which allows you to do what you want, but holding it in front of the clients face and screaming nyah nyah na nyah nyah is not going to make you many freinds, may impact chances of a future extension and will make you look both unprofessional and an arse.

People skills are one of the most importnant requirements for being a contracotr IMHO

[Sockpuppet]

I have learned some valuable lessons though about future contract negotiations and will make sure I get it right next time.

You raise a good point in your post though about new contractors. A lot of us are not thinking like contractors should when we negotiate and sign contracts.

Bingo.

My client said to me the other day:

Me: "I don't work for client corp you know and really have very little commitment beyond the terms of the contract".

Client: "Your contract doesn't say you can do what you like though"

Me: "Actually it does. I had it written that way."

[ruth11]

I have read this thread quickly as its clear from this thread and others herein that a lot of new contractors (i.e. under 10 years exp are lurking).
..SNIP...

Thanks for the reply backgetyou and just so everyone knows, I will be working on Christmas Night and taking whatever I get. I have learned some valuable lessons though about future contract negotiations and will make sure I get it right next time.
You raise a good point in your post though about new contractors. A lot of us are not thinking like contractors should when we negotiate and sign contracts. And that's why we come here, to find out what we should do. Admittedly, usually it's too late, but when you guys can explain why things happened the way they have, then we can put it right.

[backgetyou]

I have some sympathy with you not wanting to work Christmas Day - I wouldn't do it, as I value my time off too much (so much, that I'm still posting here )

However, you have said that you will do it for normal pay, therefore that's what you should do. As suggested, see if you can get your colleague to do it for you and you'll pay them / do some extra days for them for nothing etc. etc.

If not, have a fun day at work on Tuesday.

I have read this thread quickly as its clear from this thread and others herein that a lot of new contractors (i.e. under 10 years exp are lurking).

This boils down to one point I raised in another thread - your contract. Lots of people are telling what you could or could not do without seeing your contract. The bottom line is what you signed. You may find there is a clause that you can use to get the time off but if you invoke it you will potentially damage any future relationship, you need to consider this before you do anything. Next you have to decide what is important to you, again we have had lots of comments saying you are not trustworthy or comments to this affect - again you could be having family problems, a sick parent a sick child and at the end of the day a job is a job.

It may be that you just dont agree (church goer) with working xmas and this puts you back to my first point you should have expected that you might work xmas and approach the client or agent directly as in your case and have a clause added 'excludes christian/muslim/anyone else' days which you could then assign explicit as xmas day in your case. But then you did not do this so this will not help now and as its tomorrow I would suggest all you can do is:

1. Turn up
2. Not turn up.

If you take option 2 they will know why even if you are really sick now you have an issue because your brought it up.

I dont think you deserved the response you got, you made a mistake when you signed but from what I have seen there is few people here doing the same thing. When you make a mistake you learn and you do not do it again by working xmas when you want it off so badly you will be asked to return again maybe directly (no agent) as clearly you can be trusted as you pleaded for time off, they stated you had obligations and you accepted this.

Turning to extra rate this is possible but not as had been explained here or as you were asking. You agreed flat rate (I assume again I have not seen your contract). If you were not due to work xmas and someone else dropped out and you were asked to you can make a charge proportional to you loss and the IR are likely to allow this without any change to your circumstances, for instance you were going on holiday to somewhere warm that cost you £1k, your boss might pay you the £1k you would lose and allow you to take the time at a later date. They may even pay a bonus for the work as any tradesman would get for an emergency call out. However, your rate is your rate you agreed as per the terms of the contract.

Good luck anyway and if you do work xmas then just shift it till a day you have off and enjoy it then.

[Moptop]

The Contract Term:The Consultant is required to spend a minimum of 48 hours per week ...
Pay Rates:£x per hour worked provided that the Client has agreed in writing that such time has been spent on theServices (day is 12 hours per day, week is 48 hours per week) or such longer hours as the Client shall reasonably request.The shift pattern will be two days shifts (7am-7pm) two night shifts (7pm-7am) and then 4 days off with the pattern repeated

Hope the pay is good...

[TheFaQQer]

I don't think you'll get any more for bank holidays, since it doesn't mention them. If there is a chance in the future that there may be BH work, then I would include something in the contract either to stipulate additional pay for those days, or that you don't work BH.

I tell my clients when my company is shut for Christmas / New Year / any other time, in advance - if my employer says not to work a day, then I don't. It's nothing to do with the client, I don't work for them.

[ruth11]

However, you have said that you will do it for normal pay

That's just it really, I haven't said that I would do it for normal pay. Or maybe I have and I didn't know it? That's what I need to learn for next time I think!

My contract states:

The Contract Term:The Consultant is required to spend a minimum of 48 hours per week in the period from the xx\xx\2007 (“Commencement Date”) up to the xx\xx2008 or for such further period as may be agreed (verbally or otherwise) from time totime by the Parties. NOTE: The Supplier may be liable for damages for breach of contract in the event that the Supplier shall fail to provide theServices during the Contract Term including any further period agreed as above.

Pay Rates:£x per hour worked provided that the Client has agreed in writing that such time has been spent on theServices (day is 12 hours per day, week is 48 hours per week) or such longer hours as the Client shall reasonably request.The shift pattern will be two days shifts (7am-7pm) two night shifts (7pm-7am) and then 4 days off with the pattern repeated

Maybe I should have made sure it stated that I would get extra for Bank Holidays? If so, I'll remember that next time. Does the omission of this information mean that I'm not entitled to even ask for extra?

This was my question really, I just wanted to know if I would be out of order saying now that I want more for Bank Holidays. I'm not just talking about Christmas but other holidays too.

[ruth11]

Well, that's rattled my cage.

Quote:
Originally Posted by ruth11
I've known this since just after starting my contract

My sympathy just evaporated. OK, you've signed a contract ... did you read it first?

Note the "just after starting the contract" part. I was talking about the specific days that my shift falls on. That's not written into my contract, I found that out after I'd done a few normal days getting to know the systems.

Some of us have encountered considerable resistance on client sites toward contractors. We get accused of being unreliable or untrustworthy, right from day one. That is because these clients have experienced such behaviour in the past from others.

It seems I've accidentally touched a nerve for you BrowneIssue, for which I apologise, but I think you misunderstood the reason for my post. Believe it or not, I wasn't actually complaining about any of it really. I was just looking for some advice on ways to get something more out of it for myself. Responses like post #6 were what I was looking for. It's too late for that one now, but I will remember it for next year.

I do, however, take offense at being accused of being one of those "unreliable and untrustworthy" contractors you mention. If I was one of those, I think you'll find that I would have just called in sick on Christmas Day without even a second thought, but as I've said, I won't be doing that because I'm not that unprofessional.

You have absolutely no right to judge my professional integrity in the way you have done. Sure, I've made it perfectly clear to everyone that I don't want to work Christmas day, but I'm going to. And I will take whatever pay I get for it without complaint (at least to my client!). There is no way in the world that I would ever leave my client in the lurch and I am a damn site more conscientious than the majority of contractors I've worked with over the last 10 years. But that doesn't mean that I don't have the right to at least try to get the best out of the situation for myself. I've always found that if you don't ask, you don't get. In this case, I will probably get nothing even though I've asked, but at least I tried. And I will learn the lessons for future contract negotiations.

Geez, some of you contractors on here think that you have the moral high ground over everyone just because you've already gone through all the tulip you can possibly go through and have learnt all the lessons on how to do things right before you sign a contract. Some of us are still learning, but that doesn't make us wrong or stupid or unprofessional. Just a bit naive perhaps. And that's why we come here, to get advice. Not be slammed by self-righteous asses like you, who have completely mis-interpreted the question.

Back-at-ya rant over.

[MirrorMe]

Perhaps you might be able to feel good about this.

Get sponsorship to work the shift (you'll have to be quick!) (from just family s'pose) & donate it and your pay to Shelter as a "Crisis at Christmas" gift.

[TheFaQQer]

I have some sympathy with you not wanting to work Christmas Day - I wouldn't do it, as I value my time off too much (so much, that I'm still posting here )

However, you have said that you will do it for normal pay, therefore that's what you should do. As suggested, see if you can get your colleague to do it for you and you'll pay them / do some extra days for them for nothing etc. etc.

If not, have a fun day at work on Tuesday.

[arthur_cider]

Can anything be that important that you have to cover it over Christmas Day? You're not a nurse are you?

Either tell them you won't be in and see what happens. Or throw a sickie. What's the worst they can do? There are always more contracts out there.

Cheers
Moose

PS: I'm a permie.

Do all IT infrastructures shutdown on Christmas eve then !?

This topic is an embarrassment to professional IT contractors !!

[ChimpMaster]

But then the muslim on the team volunterered to do it for nothing.

Surely you mean for a normal day rate, unless he was using the opportunity to plan an event?

[BrilloPad]

I would use it as a learning experience.

I do have alot of symapahy for you - equally BrowneIssue issue says is correct. Which was basically "if you can't do the time don't commit the crime".

I was asked to work XMAS day - which I was going to do for 4*rate. But then the muslim on the team volunterered to do it for nothing.

[Moptop]

I like the suggestion in message #6. It might be a bit late now, but in future, I would just say (early on in the contract) that I would be 'unavailable' on certain specified dates.