Contract going past end date

jonnybrussell

i work as a contractor, the company employing me had not issued a full contract since march with only an email in august to say the contract had been extended to the end of september (no contract was received) how ever they kept me employed until the end of November.

My contract was for a guaranteed minimum of 15 days work per month, however on january 3rd they have told me they will not pay the 15 days for December (there was no actual work although they suggested their would be).

I was of the impression that the contract/agreement was still running as i had received no official notice that it was being terminated or that a new end date had been reached.

Can i assume the contract was still in place because they kept me employed well beyond the last specified end date (30th September 2011)?

SarEl

The key to this is that they din't keep you employed at all because you were never employed - you are a contractor. I am afraid this is a civil dispute about the terms of the contract, and without the whole contract and any other evidence, the best we could say is that you may be correct in tort, but if you wish to pursue it you will never see any work from them again. Assuming the contractual conditons are strictly as you say, then you can insist on payment and sue if they refuse - but as I said, don't expect any further work. What do you want to do?

jonnybrussell

after 'discussions' today i doubt i would be getting much more from them anyway.

pretty much said all they had was maybe 10 days work the end of January.

they are arguing that the contract had expired (which it did in September) however as they kept me employed until the end of November (with no mention that this was the end of the work)

they admit to an oversight on their behalf and that they were too busy in december to discuss anything !!!

i am interested if the terms of my contract are valid despite it going past the end date in september?

SarEl

I'm afraid that that is what I can't tell you - this is pure contract law and not my area of expertise (my knowledge of contract law except as it applies to employment terms is more years out of date than I care to think about).

KiKi

jonnybrussell wrote: »

i am interested if the terms of my contract are valid despite it going past the end date in september?

I don't know the answer to your question, either. But if it were me (as I do self-employed contractor work), I would accept their mistake, take the work offered at the end of January and hope for more work in the future without slurring my name across the industry! As you know, word of mouth counts for a lot when you're self employed.

KiKi

jonnybrussell

ok thanks for your help i am finding it difficult finding advice with me being a contractor

jonnybrussell

KiKi wrote: »

I don't know the answer to your question, either. But if it were me (as I do self-employed contractor work), I would accept their mistake, take the work offered at the end of January and hope for more work in the future without slurring my name across the industry! As you know, word of mouth counts for a lot when you're self employed.

KiKi

i have always done that in the past but then again have never had this level of mistake to deal with.

i thought i was guaranteed a minimum of 30 days for december a january (combined) i am now being offered a maximum of 10 days in january with 10 days offered for december at a significantly lower rate than was agreed.

So i dont get what was agreed for december and i dont get what was agreed for january. I took a lower rate initially as it guaranteed 15 days per month, they have also confirmed that there is little work February.

If they are willing to back on the original agreement then how can i trust them to honour the agreement at the end of the month?

SarEl

jonnybrussell wrote: »

ok thanks for your help i am finding it difficult finding advice with me being a contractor

Yes, there isn't much free advice around. I think I might chalk it up to experience, do as Kiki suggest - and make sure in future that you contracts are always in date and you are clear on the terms. Even e-mail exchanges can do that. So, for example, when the contract approached the end date a "would you wish to extend the contract, and if so, could we please agree a new end date, Do we agree that all other terms remain the same?" sort of thing. And if that doesn't get a response before you do and work you follow it up and get one!

Emmzi

you're a businessman. If you think it is wise you negotiate the rate upwards because they no longer qualify for the volume discount. It may backfire but that is the risk you take when being your own boss.

And in the future, no assumptions - new contracts when they need to extend.

jonnybrussell

Emmzi wrote: »

you're a businessman. If you think it is wise you negotiate the rate upwards because they no longer qualify for the volume discount. It may backfire but that is the risk you take when being your own boss.

And in the future, no assumptions - new contracts when they need to extend.

i can just see their faces :rotfl:

i know i am at fault for not getting a signed contract- i guess i was lulled into a false sense of security with them. I have contracted for them for nearly 18 months without any trouble at all