Reply to: Contract extension

[cojak]

But that's just the way the contractor cookie crumbles...

[cojak]

My part of the project is coming to an end, and so will my contract. I do not intend accepting an extension.

You really do need to decide how you want to work as a contractor. If you are happy doing what the client wants (being a 'bum on seat' contractor) while they can afford you then stay, I'm sure that you can arrange your contract with QDOS.

If you view yourself as a project contractor, then you have to take the lead and not accept extension simply because they are there and you are frightened of getting another contract.

BAU specialists are different - Incident Managers and the like may be there for a good few years but stay within their specialism - it's the Client's fault that they can't be arsed to develop their permies to take over from the contractor.

You seem to be in a position that your specialism is being ignored and you are now viewed as a permie - it's time to leave the client, because operational day-to-day activities WILL take precedence over a bit of paper locked in someone's drawer.

And I can promise you that the time will come when you will either have to do what the manager wants you to do, hand in your notice or get terminated from the contract.

[kingcook]

Yeah, it's not easy - that's the tightrope we have to walk. Just do your best.

It may be worth keeping notes of times when you worked without being under the client's Direction and Control and quietly forget about the other times when the client said "jump" and you said "how high".

Don't forget to keep quiet too when you're in a court under oath. Also tell client that they must keep quiet about these things too

[Wanderer]

how do you reconcile these contradictory demands?

Yeah, it's not easy - that's the tightrope we have to walk. Just do your best.

It may be worth keeping notes of times when you worked without being under the client's Direction and Control and quietly forget about the other times when the client said "jump" and you said "how high".

[knightfork77]

And just to clarify a bit more, they offered me an extension in the original area initially. I turned this down, but mentioned if they needed anyone in the other area, I'd be interested. I'm not concerned about them getting someone to replace me, they've actually said they're looking to recruit someone permanent in the other area, and I'm more than happy to hand over to them when that happens. I've told them I'll be flexible and happy to help out in the original area when needed. I've been told I'll get the written confirmation shortly so hopefully all ends well.

[billybiro]

...you should be keeping an eye on the "direction and control" you get from the client and try to minimise this..
...work more autonomously rather than "as directed"...

...I think the client is looking to maintain flexibility here...
... if I were the client I'd be doing the same thing because having someone is doing a "work to rule" is a right pain in the arse...

I agree with both of these sets of statements, however given that many clients do indeed see contractors as "temporary employees" and therefore expect the same flexibility from them as they get from their regular permie staff (and can get quite pissy if you point out that this is not the case), how do you reconcile these contradictory demands?

[psychocandy]

Thanks for the replies. For clarification, my current role is supporting one type of system and technology, whereas another part of the team work on a different system and technology. I am skilled in both areas, and would prefer to work in the other area. The original contract was reviewed for IR35 by QDOS.

I really don't think I'm acting as a permie, I'm just offering my services to the client, and explaining the types of work I'd be willing to do. The 'extension' will be in a totally different area and the client appears to be happy with this, at least verbally.

I sort of understand but at the end of the day, the client is the own who is buying the services in effect. If they want (a) then they're not going to care if you'd rather do (b). AT ALL. NOT ONE BIT. Why should they care about how you feel about your career?

Good news that they've agreed - you might be OK. But if they get a rethink or someone leaves I bet you'll be back and they won't care if it suits them.

But as I said before, dont piss them off too much or they'll just get someone else in who doesn't give them grief.

[billybiro]

You are a supplier of specific services, not a generic odd job man.

Tell that to the client!

[psychocandy]

Have your contract reviewed by QDOS or someone similar.

Refuse to sign it until all of the corrections that have been made have been made.

However, in a more general sense you are not really being a contractor. Saying, I will stay as long as I get to work on something else is not really how we work.

If you hired a plumber for 2 weeks to work on your bathroom, found that there was still work needed doing after then and asked him to work for another two weeks would you be happy if he agreed provided he could do the plumbing in the kitchen and wanted it in writing that he would not be asked to work in any other room?

You are a supplier of specific services, not a generic odd job man.

But if client wants a generic odd job man and you refuse to be one they're likely to get another who will? Admitedly, with this sort of thing IR35 comes into play and. obviously, there is a risk but you've got to weigh it up.

Contract with small chance of being nabbed. Or no contract and no income anyway? Unless of course you have other options.

[knightfork77]

Thanks for the replies. For clarification, my current role is supporting one type of system and technology, whereas another part of the team work on a different system and technology. I am skilled in both areas, and would prefer to work in the other area. The original contract was reviewed for IR35 by QDOS.

I really don't think I'm acting as a permie, I'm just offering my services to the client, and explaining the types of work I'd be willing to do. The 'extension' will be in a totally different area and the client appears to be happy with this, at least verbally.

[Sausage Surprise]

Jeez......you're a contractor JFDI......and keep invoicing.

[MyUserName]

Have your contract reviewed by QDOS or someone similar.

Refuse to sign it until all of the corrections that have been made have been made.

However, in a more general sense you are not really being a contractor. Saying, I will stay as long as I get to work on something else is not really how we work.

If you hired a plumber for 2 weeks to work on your bathroom, found that there was still work needed doing after then and asked him to work for another two weeks would you be happy if he agreed provided he could do the plumbing in the kitchen and wanted it in writing that he would not be asked to work in any other room?

You are a supplier of specific services, not a generic odd job man.

[Wanderer]

I told the client that I'm happy to sign the contract, as long as he could give me a written confirmation of the changes to my duties that we agreed verbally. After chasing that up, my 'line manager' at the client said he was uncomfortable with this and that it showed a lack of trust, and that it would be worthless. I said I'd still like it in writing, and he gave a vague response that he'll try and do it later.

Am I being unreasonable?

It's a difficult question to discuss here because you will probably just get beaten up for using "permie speak" or incur the wrath of the IR35 karma police. We obviously don't have any details about your IR35 status but if it is a little weak then you should be keeping an eye on the "direction and control" you get from the client and try to minimise this so that you work more autonomously rather than "as directed".

I think the client is looking to maintain flexibility here rather than letting you get nailed down to one particular role and if I were the client I'd be doing the same thing because having someone is doing a "work to rule" is a right pain in the arse.

From a contractor's point of view, rather than asking the client to put it in writing, you should put it in writing to them that you are accepting the contract extension based on the agreement that you will be moving to work in a particular area.

However, you don't want to upset the client too much so a bit of flexibility is going to help your business succeed. It's a bit of a tightrope to walk...

[BolshieBastard]

Hi, I'm coming towards the end of my first contract in a technical support role. My contract is via an agency. I was offered an extension, but I said I'd only accept it if I was working in another area of the team. After a while, the client came back to me and agreed an extension with the majority of my work being in the other area.

I've received the contract extension letter from the agency, which basically gives the new end date and says everything else is the same as the original contract. The original contract was very generic, and just mentioned the team I will be working in, which is still valid for the new role. I accept that I should perhaps have asked for a better list of my duties initially.

I told the client that I'm happy to sign the contract, as long as he could give me a written confirmation of the changes to my duties that we agreed verbally. After chasing that up, my 'line manager' at the client said he was uncomfortable with this and that it showed a lack of trust, and that it would be worthless. I said I'd still like it in writing, and he gave a vague response that he'll try and do it later.

Am I being unreasonable?

Yes, you are being unreasonable. But, worse than that, you are acting as a permie would while purporting to be a contractor.

Your 'type' are giving the contractor fraternity a bad reputation by insisting on these permie clauses and actions.

[northernladuk]

It's up to you though. Might be worth mentioning to them that if any new work comes up in the future you could discuss that if or when it comes about.

But becareful they don't start moving you around mid contract. That is what permies do.

Are you taking any contract advice from QDOS, Baur & Cotteral and the like. This 'I will stay if you let me work here' sounds very permie to me. You are there to fill a specific need for the client. If you are picking and chosing which area you want to work and expecting the client to shift you about you sound very much like an employee to me. Getting contracts to match your working conditions won't help in a detailed investigation either, it's working practices that count, and if that shows you are able to switch around as you fancy the contract will fall apart.