Client Co Changing working days

[Akeap]

I hope someone might have an idea on how to handle this situtaion.

I had been working at client for 5 months with 2 renewals as a Wintel BAU Support person.

They then offered a renewal being part of a Datacentre move team and have extended a 6 month contract until end of March 09.

At the time of the the project change they mentioned it could run for 12 months so I thought it would be a good run but the were vague on the requirement of weekend work and said it might be possible.

It turns out now we are about to start moving the "Live" environment (Test/dev complete in business hours). They have now mentioned that "due to having no more budget" that the require me to work Mon-Thur 7.5 hours as normal but work the Sunday or Saturday (depending on move schedule) to complete my 5 day week.

At first Indicated that my contract states Mon-Fri working 37.5 hours and weekends I would normally invoice Sat- 1.5x and Sun 2x rate and this went down like a lead balloon.

The client mentioned 3 options:

1) Work the Mon-Thur + 1 day on weekend- Their preferred option. for same rate as a standard week.

2) Work Mon-Fri -Maybe they would pay just normal day rate for weekend
(the option I suggested "in current climate I would find acceptable to show my willingness to accomodate their change in requirements)

3) They would just get permie's in to do it with, (and mentioning as a threat that my contract is up for renewal end of March! although only just kicked off the next stage of a project that I have carried out all the prep for and sorted out their processes as they had no idea! )

I tested the water with permies in the team and they all say they wouldn't do the Mon-Thur option as they get double time and 1 day off in leiu if they work Sundays!

I have just come back from 1 week break and have been given a heads up by another contractor that they are only offering option 1! I have already saved them 5 days rate already they use in budget to cover 5 weekends out of the 10 required for me.

I am about to go into a meeting and would like opinons from your good selves on what I could say. I thought they cant impose a change of required hours with a change of contract?

thanks in advance.

[MPwannadecentincome]

The contract is only effective until terminated, if they don't like the current contract they can serve notice to terminate and get someone else.

Otherwise both parties negotiate a compromise and sign a new contract to supercede the original.

[Akeap]

Thanks, I thought that a "new" contract would have to be drawn up etc.

One thing I have noticed looking at the contract I last signed it says in a section headed:

Specified hours/days per week:
"37.5 hours To be agreed locally with the Client Representative"

Does this open me up to whatever they like and change at any moment?

Or does this mean the working days agreed at the beging of the contract ie: Mon-Fri?

[MPwannadecentincome]

Thanks, I thought that a "new" contract would have to be drawn up etc.

One thing I have noticed looking at the contract I last signed it says in a section headed:

Specified hours/days per week:
"37.5 hours To be agreed locally with the Client Representative"

Does this open me up to whatever they like and change at any moment?

Or does this mean the working days agreed at the beging of the contract ie: Mon-Fri?

That's probably a question for a lawyer or the court!

But I imagine that it can be changed whenever provided that both parties agree.

[BrowneIssue]

... provided that both parties agree.

Are you contrcted direct with ClientCo, or through an agency?

If through an agency, then you need to be talking to them. The agent is also going to be losing commission and may fight your corner with you.

However, I would jump at the chance of doing Sun-Thu, personally. Mon-Thu+Sat is not too bad either. Personally, I would rather have a day off in the week; it is easier to get things done / delivered/ bought / fixed mid-week.

[jmo21]

I don't particularly like working weekends myself, so I wouldn't be happy being pushed into this.

But as you say they are hinting at not renewing, and they may even terminate your contract subject to notice period if that is earlier.

So I guess it comes down to how much you want/need the contract. Is there a lot of work in your skillset in your area?

[deckster]

So I guess it comes down to how much you want/need the contract. Is there a lot of work in your skillset in your area?

Yep. As ever, these are B2B contracts and so there is no question of whether something is 'allowed' or not. Assuming there is no MOO then there isn't even really a question of a notice period. All that matters is whether you and the client (and don't kid yourself that the agency will have any say in it, they will always take the clients side) can come to an agreement. If you can, great. If you can't, then walk or be pushed.

The only question is how much you want to call their bluff, and nobody here can answer that for you...

[Akeap]

Thanks for your thoughts all, I personally don't mind helping out with the weekend working if it helps the project but giving up my weekend I think should be as an extra day of income (being nice not invoicing x2 time).

The weekend is the only time I have to spend with girlfriend as she works lots during the week/evenings so would prefer not to though.

But yes in this climate etc its tricky, I know they have budget as they have saved millions not having a 3rd party carryout alot of the DC move thanks to me and a few contractors. (3rd party were charging £1000 a day!) as its a utility company they have cash to burn!!

I usually work in the Wintel/Server/Infrastructure area so yes battling it out with thousands of others out there so might have to swallow it and just get another 6 months at least income.

Ill see how it goes...

[MPwannadecentincome]

I know they have budget as they have saved millions not having a 3rd party carryout alot of the DC move thanks to me and a few contractors. (3rd party were charging £1000 a day!) as its a utility company they have cash to burn!!

Ill see how it goes...

They may have budget but they'd rather pay themselves a bonus!

Good Luck anyway...

[TheVoice]

You could always take on a sub to work the days you dont want to...best way round it.

That is, if you want to offer this added service, which this is in effect.