WFH - if agreed do you insist its in contract?

[psychocandy]

Question for those of you more experienced in negotiating this sort of thing.

OK, you get the gig, client agrees on location/WFH deal. Do you insist this agreement is in the contract or do you trust the client?

In my experience, if you don't get it agreed, then client just doesn't bother to sort things and it takes weeks and week (if ever) to get WFH sorted.

Had a bad experience once (although this was location) where I trusted client. Agreed to work at office A (miles away) for max of two weeks, then be working at local office B. Of course, two months later I was still at office A and no sign of anything getting sorted. Had all sorts of crap excuses from client.

(I binned that gig because of that - client had cheek to have a dig at me for that too!)

[Project Monkey]

Not in contract, but I just confirm the arrangement in an email.

[d000hg]

If it's in the contract and they don't let you do it, what will you do? Walk, or sue? If the former, you might as well tell them informally it's a big deal and then exercise your notice period.

Any WFH clause would say something about how working arrangements must fit in with the requirements of the role and so on, so they can simply say "the role requires on-site presence" and be inside the contract anyway.

[psychocandy]

If it's in the contract and they don't let you do it, what will you do? Walk, or sue? If the former, you might as well tell them informally it's a big deal and then exercise your notice period.

Any WFH clause would say something about how working arrangements must fit in with the requirements of the role and so on, so they can simply say "the role requires on-site presence" and be inside the contract anyway.

Good point of course. And yes I know what you mean about adding the clause. Cant imagine a client letting a contractor dictating that they cant be in office on a specific day.

To be honest, main reason was so that if focuses attention. i.e Its part of the agreed deal. Like I said in the past, its been promises which were let down.

[d000hg]

In reality are the people you work with and the person who signs your timesheet going to be aware of your contract?

[northernladuk]

Would it work against you to try get it in writing as the client would be a lot less likely to accept and go for the guy that isn't pushing for it? My last two clients let me work from home after a few months of delivering in the office. Both were informal and worked very well. We did have a WFH ban for a short time after everyone started abusing it, office dead on Fridays, same people WFH but never available etc
WFH seems to be more a working arrangement than a contractual obligation IMO.

If it isn't in the job spec I think you could be shooting yourself in the foot trying to get in to the contract?

[CheeseSlice]

What has been the main barrier? Client getting remote/VPN sorted out? Or were they just plain saying 'no'?

I've not had WFH in contract before but I have put restrictions on where work can be carried out. Locations, max round trips between sites, etc to prevent client taking the mick. Could you approach it like that? Say, work will be carried out for up to 1 month at clientco HQ, and from then on remotely. Or up to two days on site or whatever you're trying to get.

I disagree that the contract wont be seen by the client hence unlikely to work. Agent or clientco should be checking these things and passing info along. If they disagree they shouldn't sign.

When I was a permie consultant I wrote statements of work that had all kinds of clientco obligations and additional charges in there if they didn't get their tulip together. They could have binned us if they didn't like it but they were all reasonable demands and they usually signed.

[psychocandy]

Would it work against you to try get it in writing as the client would be a lot less likely to accept and go for the guy that isn't pushing for it? My last two clients let me work from home after a few months of delivering in the office. Both were informal and worked very well. We did have a WFH ban for a short time after everyone started abusing it, office dead on Fridays, same people WFH but never available etc
WFH seems to be more a working arrangement than a contractual obligation IMO.

If it isn't in the job spec I think you could be shooting yourself in the foot trying to get in to the contract?

Yeh maybe. But client knew the score when they invited me for interview (after phone one) and they brought the subject about how I though it all might work.

Yes, they might decide they want someone 9-5 mon-fri of course.

[Gordon Ice]

No Assumptions Please..

I always get something into the contract to cover working from my home / trading office and I always state the primary client address so that costs associated with working at alternative client locations can be re-charged to the client. Never ever make assumptions.

I normally go for something like "Services to be provided at the main client office [Address], other locations where resources are needed from the client, locations relevant to engaging with the clients' suppliers, and the [Ltd Company] trading office."

Obviously the practicalities of WFH is then down to how you manage the expectations of the client. Personally I avoid asking to WFH and simply inform the client that I will be WFH on a particular day for a specific reason. Dealing with awkward clients is yet another source of fun but it really comes down to how hard you feel able/willing to push the issue, and how much IR35 risk you want to take.

Overall, think like a business and act like a business.

[SteelyDan]

Would it work against you to try get it in writing as the client would be a lot less likely to accept and go for the guy that isn't pushing for it? My last two clients let me work from home after a few months of delivering in the office. Both were informal and worked very well. We did have a WFH ban for a short time after everyone started abusing it, office dead on Fridays, same people WFH but never available etc
WFH seems to be more a working arrangement than a contractual obligation IMO.

If it isn't in the job spec I think you could be shooting yourself in the foot trying to get in to the contract?

+1 on this.
I personally class that as a major 'no-no' to be honest, and prefer to build up to that sort of thing as the business relationship & mutual trust develops.
If I was a hiring manager the last thing I'd want is a potential 'hiree' asking at interview about WFH. ...I'd be thinking 'FFS get out of my office & send the next one in on your way out'