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Thread: Working hours

  1. #1

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    Default Working hours

    Hi all,

    I've been contracting for a while and on my current contract, the client has come to me with a an issue with my working hours. My contract states a professional working day. I was working hours I prefer and think this is ok (it is 8 hours). I am an independent contractor after all. He would like me to shift my hours later by one hour to be in line with the companies core hours. I said this was a problem for various reasons and one being that he can't control my working hours.

    In the end, I decided to give the new hours a go, but it is not working out (I have kids to get home to) so I am about to tell him that I will be changing them.

    I'm not sure what his reaction will be, but I really don't want him insisting on certain hours as that sounds like a big IR35 problem. Do you all agree?

  2. #2

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    Quote Originally Posted by somewebguy View Post
    I'm not sure what his reaction will be, but I really don't want him insisting on certain hours as that sounds like a big IR35 problem. Do you all agree?
    The only IR35 issue that I can see is that you didn't take the hint and he's had to insist that you do those hours. Worse by not compromising at all he is insisting on you working those hours everyday and will probably continue to insist that you do so when, if you had been flexible, its possible you might have been inconvenienced merely two or three times a week.
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    what time where you finishing?
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  4. #4

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    Quote Originally Posted by somewebguy View Post
    Hi all,

    I've been contracting for a while and on my current contract, the client has come to me with a an issue with my working hours. My contract states a professional working day. I was working hours I prefer and think this is ok (it is 8 hours). I am an independent contractor after all. He would like me to shift my hours later by one hour to be in line with the companies core hours. I said this was a problem for various reasons and one being that he can't control my working hours.

    In the end, I decided to give the new hours a go, but it is not working out (I have kids to get home to) so I am about to tell him that I will be changing them.

    I'm not sure what his reaction will be, but I really don't want him insisting on certain hours as that sounds like a big IR35 problem. Do you all agree?
    Sounds like you are on your way out.

    A professional working day in my book is what the clients wants.

    If the company has certain core hours, it is reasonable to work accordingly.

    If you negotiate different to company core hours this will need to be done BEFORE you accept.

    I do very different hours to company core hours as a permie, but could not as a contractor. I negotiated my different hours before accepting.

    What would it be like for you if the company teminated you? Would you rather accept a poxy hours difference to keep the contract?

    You have some serious thinking to do.

  5. #5

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    Quote Originally Posted by Spacecadet View Post
    what time where you finishing?
    I was finishing at 4.30pm (my ideal) and am now finishing at 5.30pm, which is what he wants. I want to change it to 5pm, which is a happy middle ground. Of course my start time changes, so it is an 8 hour day either way.

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    Quote Originally Posted by eek View Post
    The only IR35 issue that I can see is that you didn't take the hint and he's had to insist that you do those hours. Worse by not compromising at all he is insisting on you working those hours everyday and will probably continue to insist that you do so when, if you had been flexible, its possible you might have been inconvenienced merely two or three times a week.
    I have been flexible because I tried the hours that he wants. But it is not really working out for family reasons, so I am going to compromise by meeting him in the middle.
    Last edited by somewebguy; 16th September 2011 at 11:11.

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    Quote Originally Posted by Wilmslow View Post
    Sounds like you are on your way out.

    A professional working day in my book is what the clients wants.

    If the company has certain core hours, it is reasonable to work accordingly.
    Interesting, I always thought I should have an element of control here and that control was an essential IR35 defence.

    If you negotiate different to company core hours this will need to be done BEFORE you accept.

    I do very different hours to company core hours as a permie, but could not as a contractor. I negotiated my different hours before accepting.
    They didn't specify hours before I accepted. I had been working my preferred hours for the first 2 months and they didn't object. This is the same as another contractor. IN fact, none of the contractors are currently working the core company hours. Some are working earlier, some later.

    What would it be like for you if the company teminated you? Would you rather accept a poxy hours difference to keep the contract?

    You have some serious thinking to do.
    Because I am thinking this is an IR35 issue, if they do insist (or terminate) after I offer the compromise, then I'd rather go than take the IR35 risk. Perhaps I am being a bit hasty though!

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    Quote Originally Posted by somewebguy View Post
    Interesting, I always thought I should have an element of control here and that control was an essential IR35 defence.
    Well, you do.

    But if the client doesn't like it, and you won't change, then they might well get rid of you.

  10. #10

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    Quote Originally Posted by jmo21 View Post
    Well, you do.

    But if the client doesn't like it, and you won't change, then they might well get rid of you.
    Exactly.

    What do you REALLY understand about IR35?

    Most seem to use it to hide behind as a way for working whatever hours they like.

    A professional working day is usually a lot more than finishing like a 9-5 permie at 5pm.

    If you are a true contractor, you cannot wish for fluffy permie family friendly hours, and need to make arrangements and manage this accordingly.

    If work life balance with hours you like are important, get a permie job with flex time and stop whinging.

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