Reply to: New Contract Position

[singhr]

Just claw the time back one drip at a time to get that 'I'm getting even feeling' but read the signs about future treatment to come. Certainly don't make a stand over such a 'one off' this early into your contract, wait till they've grown dependant on you then you can push back a bit.

[questiontime]

There is no point in loosing your contract for this, especially in the current market.
But let him know that you are not making this an issue this time, but you consider this an unacceptable as a) it the problem was no fault of yours b) you did some productive work during that time.

It is OK for him to have asked you to leave the site, due to the lack of work. For IR35 purposes, make sure you have as much proof as possible on what happened.

The concern is not this specific incident, but what is likely to come next ... Be prepared .. It may be bigger .. Don't let him think it is easy to decline paying you.

[lukemg]

WTAS – As a contractor you have to pick the battles carefully due to the long term impact of any decisions that you make. You always have to be thinking – what will this course of action do for me ? Flouncing off this contract will be a tiny blip to all that remain, no-one cares if a contractor is upset about something, someone else gets hired, you get slagged off and this can easily affect you getting work. It’s just not worth it and I wouldn’t give them the satisfaction.
Obviously there are limits to this, violence etc or the place is way off your normal patch and you would rather take your own liver out with a rusty hook than return but you need a think skin and ability to put your ego to one side in this game.
So – bide your time, start looking, sound available, it will feel good if you can walk off into another job. Oh and never forget those who have wronged you, you never know when you will be on the other side of the desk interviewing them etc.

[d000hg]

I have to be honest, if I went home after 2 hours due to a technical hitch, I probably wouldn't invoice for that day, whether it was my cock up or theirs (because of the "not being paid when there's no work" side of IR35 - doing this works in my favour should I be investigated - at least that's how I see it).

If he doesn't bill, he has no paperwork showing he was in at all. Beside, billing only two hours in a day and making a note "left as no work to do" achieves exactly the same result.

[BlasterBates]

Don´t get too worked up now, Just be an elephant, just remember it. Come renewal time it will work in your favour, normally most contractors will not push too hard, mainly because they can´t be bothered, but I can guarantee you will . If there is a renewal just be incredibly anal about a few pence on the rate.

[cojak]

Hmm...

Are you paid hourly or daily? If Daily, then it's a fair thing for the guy to say. If hourly, it's a bit less clear cut and I guess it comes down to what you want to get from this contract.

No, it is not a fair thing for the guy to say - even less if the OP is on a day rate. It was the company's c0ck-up, not the OP's.

But I don't think that it's the company policy either. Is the PM a permie or a contractor? It sounds as if he's over budget and is expecting you to make up his short-fall.

Definitely complain to the agent, as a previous poster said that's what he's there for.

And keep looking for something else...

[dang65]

which to me under minds my faith in this company

It's "undermines", as in "weakens by digging mines underneath". (Just in case you wanted to use the term during the court case.)

[AngelOfTheNorth]

Hmm...

Are you paid hourly or daily? If Daily, then it's a fair thing for the guy to say. If hourly, it's a bit less clear cut and I guess it comes down to what you want to get from this contract.

Do you really want to screw up a potential CV making contract for the sake of 2 hours? Microsoft is a massive name to have on there.

I have to be honest, if I went home after 2 hours due to a technical hitch, I probably wouldn't invoice for that day, whether it was my cock up or theirs (because of the "not being paid when there's no work" side of IR35 - doing this works in my favour should I be investigated - at least that's how I see it). I would however work a couple of hours less the next day and still bill for a full day....

If I were you, I would just suck it up this time. If it happens again, then find something else.

what if he travelled an hour into work and an hour back, time not billable. Thats 4 hours of his day down the drain, due to no fault of his own.

Sorry but MS should pay up, and the fact they are willing to quibble over 2 hours spells trouble for me.

[ruth11]

Hmm...

Are you paid hourly or daily? If Daily, then it's a fair thing for the guy to say. If hourly, it's a bit less clear cut and I guess it comes down to what you want to get from this contract.

Do you really want to screw up a potential CV making contract for the sake of 2 hours? Microsoft is a massive name to have on there.

I have to be honest, if I went home after 2 hours due to a technical hitch, I probably wouldn't invoice for that day, whether it was my cock up or theirs (because of the "not being paid when there's no work" side of IR35 - doing this works in my favour should I be investigated - at least that's how I see it). I would however work a couple of hours less the next day and still bill for a full day....

If I were you, I would just suck it up this time. If it happens again, then find something else.

[darmstadt]

If I am on client site, I expect to get paid for that time. You were trying to resolve their **** up, you were preparing yourself to do more work, and you were working with others to help solve the problem. You should be paid for the work that you did.

WHS.

I actually charge from the time I am on the company premises (even if it means a 10 minute walk from the carpark to my office) until the time I leave regardless.

[d000hg]

They're lucky they can send you home and only pay for the time you are there. Not paying for time due to their mistake is outrageous, kick up a stink. Complain to your agent perhaps, that's what they're for.

[BolshieBastard]

Have a word with the guy and tell him to sign for the 2 hours or you'll fill him in. Violence is your friend.

[norrahe]

Start looking for a new contract NOW! This sounds like it will only get worse and it is not benefitting you in any way financially.

[The Wikir Man]

I would tell him where to stick it personally.

Start looking for something new now and jump ship as soon as you find it IMHO.

WHS.

If I am on client site, I expect to get paid for that time. You were trying to resolve their **** up, you were preparing yourself to do more work, and you were working with others to help solve the problem. You should be paid for the work that you did.

If you need the money, then you're stuck really, and will have to either argue it or suck it up. If you don't, then I would argue that they are in breach of contract for not paying you for the time that you worked, and walk.

Did you opt out of the agency regulations in writing before being introduced to the client? If you didn't, then the agency has to pay you, regardless. As long as you can prove you were there, then they have to pay you, and if the client is not happy with the work that you did, then they would have to recover that through the courts.

[Ardesco]

I would tell him where to stick it personally.

Start looking for something new now and jump ship as soon as you find it IMHO.