what rights do contractors have?

jay1983

hi all,

my workmates and i are contracted on a 'permanent' basis to a client. a majority of us have worked in the same place/job for this client for 5+ years. We carry out jobs which 'staff' do on a regular basis, however we do not get paid any extra for it we just have to incorporate it into our job as our employers have no back bone and would rather upset us rather than the client.

our whole department was 'staff' at one point but we got contracted out a few years back. so now the jobs we used to do to help out our workmates in other departments are now being put upon us as a cheap alternative.

the client is quite good towards us and always insists that we are part of the corporations 'team' however when annual bonuses are handed out we are reminded we are contractors so are not entitled to them. but the staff in the departments we regularly cover and do their jobs, continue to reap the rewards such as bonuses etc.

so we were wondering where we stand with regards to bonuses etc as we are carrying out duties which staff are being paid to do and they get rewarded.

sorry if it sounds confusing but i dont want to put too much personal information on here as if it mentions specific jobs/departments or companies there could be trouble.

any advice appreciated

agrinnall

It sounds like you are an employee of another company, who then provide your services to the company where you physically work. If that is correct then you are entitled to whatever your contract of emplyment with your employer says - what the client pays to their own employees is nothing to do with you I'm afraid.

phill99

Agrinall is right. You work for another employer but are contracted into another company. Tomorrow, you could be contracted to a completely different company but your terms and conditions would remain the same as you are actually employed by your company. The company where you are actually doing the work may pay their employees a £10k Christmas bonus, 10 weeks holiday and a brand new Ferrari every year. But unfortunately that won't include you as your terms and conditions are set by the people who actually pay your wages.

princessdon

I was the same. My employer was technically (as in contract and issuing payslips) Employer A - but work was for employer B (a local Authority). I was a budget holder for the LA, a manager with recruitment and management responsbibilities, yet had differing holidays, pay and rights etc.

If the "corporation" wanted you badly enough they'd TUPE you - otherwise as I found out to my detriment - they pick and choose what they want you to follow.

Ie I follwed their social networking, their flexi. A few years ago I did look at legal advice on this as I was being underpaid and the Unions did a good job - but their solicitor said despite Company B having control of the employment - Company A were my employers.

Under discussion they amneded my contractual rights to include some of the benefits - but were under no obligation to do so.

It's not the same as an Agency/Temp worker - don't know why (perhaps you can ask your union - was too long ago to remember the technicalities)