Reply to: Extension, or not to be....

[LondonManc]

You might be better going as associate and classing them as associate retention fees.

[darmstadt]

If you get quarterly and yearly bonuses and have your own office on the client site, then you're not a contractor. You're a permie.
To be a contractor, you work because you have signed a contract to do the work. Without the contract, you're just an OR.

Nope definitely contractor. They wanted me to be permie but as they're based in the USA and I'm the only person who isn't then the paperwork hassle would be too much so I just send them an invoice every now and then, normally every couple of months as there isn't too much to do at the moment which is why I have two other contracts, for the work performed and for any expenses incurred. Quite a few of the other employees are not permies either and work on other projects at the same time plus also receive the bonuses depending upon how well the company has done, just a nice thing to do as we're all in it together (there's only about 7-8 permies anyway in a company of about 25 people)

[WTFH]

Playing Devils Advocate, You might receive them on a certain date, but that does not mean a more complex structure does not sit underneath, tied to the deliverables.

I doubt HMRC would see it that way.

[MrMarkyMark]

As for the bonuses, receiving them quarterly and annually would tend to imply they are tied to dates rather than specific project deliverables.

Playing Devils Advocate, You might receive them on a certain date, but that does not mean a more complex structure does not sit underneath, tied to the deliverables.

[WTFH]

I most humbly apologise, I should have used the term "agreed" rather than "signed".


As for the bonuses, receiving them quarterly and annually would tend to imply they are tied to dates rather than specific project deliverables.

[MrMarkyMark]

Nope.

Also a contract need not be written. So your other point is rubbish too.

True, can be verbal or written.
Agreed, you could get a bonus if scheduled work is completed before time, for example. This certainly wouldn't make you a permy.
Desk or office? Doesn't really matter, IMO, most contractors have an allocated space at Client Co, unless they purely work remotely.

[NotAllThere]

If you get quarterly and yearly bonuses and have your own office on the client site, then you're not a contractor. You're a permie....

Nope.

Also a contract need not be written. So your other point is rubbish too.

[WTFH]

Oooh, I don't know about that. For one of my contracts I have no contract and get paid, and get expenses, and get both quarterly and yearly bonuses, and get trips to the USA where I have my own office. I did the same once before and that lasted for more than 7 years....The only things I've signed are some NDA's

If you get quarterly and yearly bonuses and have your own office on the client site, then you're not a contractor. You're a permie.
To be a contractor, you work because you have signed a contract to do the work. Without the contract, you're just an OR.

[darmstadt]

You're a contractor. No contract no work.

Oooh, I don't know about that. For one of my contracts I have no contract and get paid, and get expenses, and get both quarterly and yearly bonuses, and get trips to the USA where I have my own office. I did the same once before and that lasted for more than 7 years....The only things I've signed are some NDA's

[MrMarkyMark]

FTFY.

Fortunately, it's simple where I'm currently working. If your pass doesn't work on Contract End +1, either you haven't had an extension, or HR have fooked up more than usual.

[LondonManc]

Fortunately, it's simple where I'm currently working. If your pass doesn't work on Contract End +1, you haven't had an extension.

[EternalOptimist]

You're a contractor. No contract no work.


If you are direct with the client and have a good relationship with them, then ask what the delay is and explain that you will need something in writing if they want you to stay on. If you have a very good relationship with them and they tell you it's because the final signatory on a contract is away, and you know this to be true, then I'd probably say stay.


If you are through an agent, ask them. Get them to take the risk and the heat. If they tell you to stay, get the contract signed with them (they will probably not want to give you a contract, but if they don't, then don't work for them). If they tell you to go, make sure the client is aware that you are being told to go.

I wish I had said that

[WTFH]

You're a contractor. No contract no work.


If you are direct with the client and have a good relationship with them, then ask what the delay is and explain that you will need something in writing if they want you to stay on. If you have a very good relationship with them and they tell you it's because the final signatory on a contract is away, and you know this to be true, then I'd probably say stay.


If you are through an agent, ask them. Get them to take the risk and the heat. If they tell you to stay, get the contract signed with them (they will probably not want to give you a contract, but if they don't, then don't work for them). If they tell you to go, make sure the client is aware that you are being told to go.

[LondonManc]

If there's insurance requirements, I'd stay away until contract appears.

If no insurance requirements, I'd want at least an email from hiring manager to agent, copying me in or forwarded to me advising that the agent should extend.

[EternalOptimist]

Last two weeks of contract.

Verbally advised extension at end of last week, but not heard anything since. Not a word. All I have is an email advising extension likely, but not signed off.

So, I need to start to think about the implications of working out of contract if the extension does not get formalised in time.

Depends if you are going direct or through an agent.

If you are using an agent, throw the problem onto him - 'You do realise I will not be going to the office from Monday because I don't have a signed contract'
That has never failed me.

If you are going direct, it's a bit more tricky. The last thing you want to do is to heap any cr@p onto the client. It's a judgement, weigh up the risk and make a judgement. If you do decide to approach them, use the sh!t butty technique, the bad news rolled in between two bits of positive news.
i.e. 'I have really enjoyed this project, its been fantastic but as you know my contract ends soon and I will be on my way. It's a pity because I have really enjoyed being part of a great team'