Contractor working for client with no work

**NotAllThere** · 21 November 2011, 10:01

What does your contract say? If it says they must pay you for bench time, then invoice. If it says they'll only pay you for days they can bill for, then you can't invoice.

**SteelyDan** · 21 November 2011, 10:15

Wow, talk about 'cake and eat it'...

Something similar happened to me recently - contracted for 6 months, projects didn't come on-line, spent most of my time odd-jobbing (but in my case being paid) - in the end I left, by mutual agreement - bored senseless.

If I was in your situation, I think I'd have a word with the agent initially and advise them of your concerns. They won't be getting their cut either if you're not being paid.
If this doesn't alter things (I suspect it won't) then next step would be a chat with the line manager and try and clear things up; either you are IN contract, or NOT in contract. They can't have it both ways.

If that doesn't resolve things, then (if I was in your situation), I would give them notice & look for something new, work-wise.

Not sure exactly what your legal position is; contract would tell you, but am beginning to have doubts as to how much water these hold anyway, judging by other recent posts.

Contractor = no rights really.

**malvolio** · 21 November 2011, 10:16

Originally posted by NotAllThere View Post

What does your contract say? If it says they must pay you for bench time, then invoice. If it says they'll only pay you for days they can bill for, then you can't invoice.

Nothing to stop you getting a parallel contract, is there..? And if it pays more, you either keep or ditch the original.

**prozak** · 21 November 2011, 10:21

You are a business.

You should know what your contract says about this. It should be pretty clearly outlined.

And as Malvolio says, look for another.

You are a business. I've never seen a business that finds one client and sticks with them even if they aren't buying. Imagine running a retail business like that!

**TheFaQQer** · 21 November 2011, 10:43

Originally posted by NLT View Post

I am reguarly asked not to work for no money even though I am in contract !

(double negative)

Assuming you mean that you are asked not to work, therefore you get no money - what does the contract say? If you are outside IR35 then I would expect that the contract says that you get paid for the work that you do, and get nothing for work that you do not do.

Since you are doing no work, then there is no "entitlement" to get paid.

Look for another contact.

**psychocandy** · 21 November 2011, 16:34

I guess this is a perfect example of MOO. No work so they dont have to pay you....

Then again, theres nothing stopping you getting another contract, is there? Surely, then under the terms of the contract since MOO works both ways you can decline to come back if they offer you more work?

**kingcook** · 21 November 2011, 19:50

Originally posted by SteelyDan View Post

If I was in your situation, I think I'd have a word with the agent initially and advise them of your concerns. They won't be getting their cut either if you're not being paid.

Not necessarily. I recently ask the agent if he could confirm if the lower level contract (between my LtdCo and agency) mirrored the T&C's for the upper level contract (between agency and client). He kindly sent me a copy of the upper level contract and i found this clause:

The Client will not be charged when Services are not provided due to Contractor/Personnel illness or holidays. However, the Client will be liable to pay Fees with respect to an Assignment even if it does not require Services to be provided during its term. The Fees in such circumstances will be calculated by reference to the periods detailed in the Assignment Schedule.

What appears in the "Assignment Schedule" is unknown (to me).

**Wanderer** · 22 November 2011, 01:10

As NotAllThere says, this is absolutely 100% dependent on what it says in your contract.

If you were duped into signing a contract which says that there is no guarantee of any work being offered and they use this to put you on the bench at random times during the contract but demand that you come onsite at other times then you've learnt a hard lesson. Start looking for somewhere that will offer work in a fixed block if that's your style or cultivate a network of clients who offer work occasionally then split your time between them if you want to work that way.

Most of the contracts I've seen specify a professional working day, 5 days a week for X weeks because the client wants you to turn up on site and work on these 5 days. If you are available for work but they don't have anything for you to do then you still bill them and they accept that this is the cost of having your resource available.

Have a talk to the client about how much work they are going to offer you. If you are in a a genuine consultantcy relationship where you do ad-hoc work for them along with a number of other clients then you just have to roll with and take the work from each client as it comes, though this will of course attract a premium rate. Make it clear to them that you won't be sitting on the bench ready to jump at a moment's notice - you may have other clients that you are working for when they want you back.

Sounds to me that they are just dicking you about so look for a new gig and play them at their own game by telling them when you are and aren't available to work for them, or send a subbie in there.

**NLT** · 2 December 2011, 13:53

REP Worcester

Thx for info..

Company in question is Resource Engineering ? Very happy to offer contracts of ANY length but of course
contract not worth paper written on ! They cannot secure any medium/long term work so its either "task to be completed yesterday" or "dont come to work as we have no work & cant afford or not prepared to pay you" ! Of course they'll never tell you that at interview or admit it on their newsletters/website !! They are also crap at management with so-called 'Project Managers' about 3yrs out-of-college. Staff turnover ? Magnificently high !

Contractor working for client with no work