Reply to: Forced "contract breaks"

[Denny]

Denny - are you anywhere near that goal yet? Or are we all winessing the Green Eyed Monster!!!

What goal is that BS?

All I've witnessed so far is your lousy spelling.

[boredsenseless]

I am off to Canada tomorrow, so I am sitting here keeping an eye on things whilst my contractors are busy earning me money

And much as I don't really like agents I ahve to applaud DA for actually grasping the concept of a real business - i.e. its only a job until you are still earning when you aren't working

Denny - are you anywhere near that goal yet? Or are we all winessing the Green Eyed Monster!!!

[darmstadt]

I know that here in Germany I have had to either do rolling 6 month contracts or sign a declaration that I do not work for the company where I am contracting at. This is because there is a law that states if you have been working at one company for more than 6 months you could be construed as an employee of that company and therefore when your contract is terminated you can take them to court for unfair dismissal (an I know people who have done so.)

[Mordac]

Wasn't this something to do with having rights to redundancy pay and \ or holiday leave if you work for an employer for more than two years in a row? The two weeks is their way of getting round that.

Actually it wouldn't. If such a law existed, a 2 week break would hold no more weight than a 2 day break (e.g. a weekend). You would still be able to demonstrate "a continuous pattern of employment" which I think is the crucial legal phrase used in such cases.

[Mordac]

There is no such legislation (unless you are PAYE with them). This would appear to be the consequence of HR people not knowing their arse from their elbow. Which we have come to expect.

[Dr Evil]

Wasn't this something to do with having rights to redundancy pay and \ or holiday leave if you work for an employer for more than two years in a row? The two weeks is their way of getting round that. Speak to an employment law specialist - you should be able to get a 30 minute phone consultation for free if you ring round - try the biggies first - Eversheds etc.

In reality you won't sue them for anything, but I think that's what it's about. If you've been there for 5 years, can't you speak to HR and get a 7 month contract or 2 x 3 months or similar?

[Denny]

The flexibility remains all yours: either to give up your holiday plans in order to take the contract, or give up the contract in order to stick to your plans. That's the beauty of contracting: you can decide for yourself, as long as you are prepared to take the consequences.

It's a blood expensive holiday though, isn't it - to give up a contract and risk being out of work for several weeks so that you can still stick to pre-arranged holiday plans.

I only ever holiday between contracts and usually just after I've finished - never during but, there again, I don't mind when I go away.

[Denny]

Just to clarify. I am a regular contractor being paid by umbrella company. The "employer" I refer to is the firm I turn up to work for each day. They have had contract with an agency who has a contract with my umbrella company.

Agreed that I should have savings aet aside, but I normally plan my holidays a few months in advance, not 3 weeks in advance. I'll manage but would have liked more notice. Main factor is the inconvenience. I have been planning my 2006 holiday for 3 weeks in November. This won't happen now. My contract will be renewed for another 6 months. So in October I will be forced to take another two week break. It would be pushing things both financially, and also with workload commitments to then take another 3 weeks off in November. The only time of the year my girlfriend can take 3 weeks off is November and in any case my "employer" isn't flexible on when I can take the two weeks or the length of the contract.

I think the 2 weeks break will best be spent looking for a new contract elsewhere. Shame after 5 years for the same place. I guess there comes a time.

Would be nice if I could tell them they were talking out of their arse regarding this EU legislation they are referring to.

I'm not familiar with this legislation either. It may be that the client is more concerned with contractors being on site continuously for a year or more because there is some legal opinion that contractors could still sue for unfair dismissal like temps can. Otherwise, like someone said above, it could simply be a cost cutting exercise at your particular client site. Make sure you don't bite your own nose off to spite your face though.

Christmas is awkward too. It is often the case that contractors are expected to take the full Xmas to New Year period off if everyone else is. Again, this is unfair if a contractor is around, there is work to do and they are willing to work during the Xmas and New Year interim period.

[expat]

It would be pushing things both financially, and also with workload commitments to then take another 3 weeks off in November. The only time of the year my girlfriend can take 3 weeks off is November and in any case my "employer" isn't flexible on when I can take the two weeks or the length of the contract.

I think the 2 weeks break will best be spent looking for a new contract elsewhere. Shame after 5 years for the same place. I guess there comes a time.

The flexibility remains all yours: either to give up your holiday plans in order to take the contract, or give up the contract in order to stick to your plans. That's the beauty of contracting: you can decide for yourself, as long as you are prepared to take the consequences.

[Spoon]

I'm not sure what you mean when you use terms like 'employer' and 'leave.' Are you a limited company (or brolly paid) freelance contractor like most of us are or are you a direct employee of the company on a fixed term contract of employment?
.

Just to clarify. I am a regular contractor being paid by umbrella company. The "employer" I refer to is the firm I turn up to work for each day. They have had contract with an agency who has a contract with my umbrella company.

Agreed that I should have savings aet aside, but I normally plan my holidays a few months in advance, not 3 weeks in advance. I'll manage but would have liked more notice. Main factor is the inconvenience. I have been planning my 2006 holiday for 3 weeks in November. This won't happen now. My contract will be renewed for another 6 months. So in October I will be forced to take another two week break. It would be pushing things both financially, and also with workload commitments to then take another 3 weeks off in November. The only time of the year my girlfriend can take 3 weeks off is November and in any case my "employer" isn't flexible on when I can take the two weeks or the length of the contract.

I think the 2 weeks break will best be spent looking for a new contract elsewhere. Shame after 5 years for the same place. I guess there comes a time.

Would be nice if I could tell them they were talking out of their arse regarding this EU legislation they are referring to.

[DodgyAgent]

Shouldn't you be badgering someone's PA or poaching leads or losing contractors' timesheets or something?

I am off to Canada tomorrow, so I am sitting here keeping an eye on things whilst my contractors are busy earning me money

[BlasterBates]

Sounds like the client is reducing costs.

Enforced leave just means you're effectively on a 3 day week, or the IT equivalent of it (41/2 day week ?).

hmm I would look for another contract.

[Denny]

Only not as clever

Shouldn't you be badgering someone's PA or poaching leads or losing contractors' timesheets or something?

[DodgyAgent]

A bit like recruiters.

Only not as clever

[Denny]

These companies employ "in house" lawyers who cost a lot of money and need something to do.

A bit like recruiters.