I joined an IT company for a 9 month assignment in Jan 2020. The contract was for ANZ bank and it seems that there has been some issues with payment this month.
Now the company wants me to take 10 days leave in August. My thinking is that I don't get paid for these leaves so this is basically cutting my contract short by 10 days.
Am I thinking correctly? What should I do and what would you do?
Can I refuse going on leave?
Nup. You would also need to check your contract to see if you will be paid for the length of the contract if they ended it early. But you dont have many rights unfortunately.
Look through your contract, there would be terms around working arrangements i.e. as directed. If you've been directed to stay at home then you're contractually obligated to do so.
Have you considered negotiating with your boss around you want me to talk 10 days leave in one go, how about 4 days work week for 10 weeks? Who knows, it might work.
I used to work for them as well and know a couple of people contracting in there, I believe that they generally have a one-week notice period for termination of contractors (this does vary), so asking you to take two weeks of leave is definitely within their capability. Alternatively if you refuse they may just cancel the contract and you lose out on even more.
Look on the bright side, they aren't terminating your contract early.
Yeah, be glad that you still have a contract OP.
My wife is in another bank and had to get rid of her IT contractors since Covid started.
They've probably culled a lot of unnecessary projects and let's not forget project resources are often contractors…
If OP does BAU stuff then they might be safe(r)?
It is BAU but not a core banking activity unfortunately.
They got rid of the contractors before the end of time? I guess they invoked the two week notice clause.
The time and the notice clause are irrelevant.
She had to terminate their contracts regardless due to current operating circumstances.
Yes that is correct. As a Contractor, you signed on for higher pay in exchange for less protections. I know as I have been contracting for 12 years.
I would stay home and play Grand Theft Auto Online, right now its double money and RP on Survival missions, do the gardening, go to the beach and watch the sunset. Maybe crack open one of those Udemy courses.
Op is in Melbourne, dont think going to the beach is essential
So I am not protected even till September end?
The company can end the contract at any time or tell you not to work for any period.
The flip side is, you can look for other work and tell them that you want to leave too.
Being a contractor has benefits as well as draw backs, it is less beneficial if one was hoping or needing to have continuous income, but the pay you get should normally allow one to build a buffer pretty quickly.
You sound like you are working through a consulting company, they probably have a lull in business or ANZ are putting planned projects on hold. Ask them if this is likely to go on, if so look for other work in the mean time.
Yes it is a via consulting company.
@trinkasharma: What's the possibility that ANZ is dragging their feet at paying your invoiced hours and your employer simply running low in cashola to pay you? That's always a possibility….it's one thing the invoice says 30 days payment but for whatever reason that may get dragged out to 60 to even 90+ days.
Are you not getting higher pay than normal?
Suck it up. A lot of people have gotten off worse.
If you have no job and no income you may be eligible for job seeker, but I think we are passed the time where you don't even have to look for a job to get it.
Besides, only 500pw ish.
Summer has come and passed the innocent will never last.
10 days
🤣
Some mental attack?
10 days is nothing. Many Australians have been out of work since February.
@trinkasharma: That attitude will see you replaced very quickly.
Now is not the time to be making waves or burning bridges!
@trinkasharma: You are a contractor, FFS! Get over it.
You do as your principal (agency / consulting company) tells you. You don't have a say in the matter. You are not an employee, and therefore do not have the same level of protections under an award system. You are effectively a "labour hire" for the client. If the client were to inform the agency / consulting company your services are no longer required, your contract effectively ends there unless the agency is able to find another engagement for you.
No…
Aardvark is likely amused with your situation since you've 'only' been asked to go away for 10 days next month and you really don't want to.
Let's cut to the chase here.
You have a "9 month contract", but my bet is that it also has a two week notice period contained within it. In other words, either party can terminate the contract for any reason on two weeks' notice. So, in reality, you have a rolling two week contract. This is standard. It is highly unlikely that you have any rights/claims beyond these two weeks.
In terms of "forcing" you to take 10 days' leave, you would need to refer to your employment contract as to what they can/can't enforce upon you … but keep in mind the above point. They may not be able to "force" you to take leave … but they could simply terminate your contract with two weeks' notice.
Regarding the point about payment, what do you mean? Has ANZ not paid the company? Has the company not paid you? I would be very keen to understand precisely what is going on here. Either way, this is a warning sign that the whole show could be collapsing.
I will check this in detail. It is a legal contract so should be dealt legally. Thanks
Contractors are usually protected under the terms of contract. As others have already mentioned, you would need to refer to your contract before anything. While the contract is in force, they cannot usually force you to anything unless it is agreed on the terms of contract. It may be an employment rather than a contract. If this is the case, contact fairworks or a lawyer for advise.
If you are unsure if you have employee or contact relationship, refer to: https://www.fairwork.gov.au/how-we-will-help/templates-and-g…
I will check this in detail. It is a legal contract so should be dealt legally. Thanks
You signed a contract without knowing the contents? Now you feel outraged about something you don’t even know you are entitled to? What a newb.
Well said.
Whinging about a forced 10-day leave during a worst pandemic resurgence when one should be grateful that they have a job during this current economic climate!!!
Same thing happened to my husband at ANZ. All contractor rates cut by 20% until end of September and 10 days forced leave. As frustrating as it is, you have two choices: stay or leave. And let’s just say the job market isn’t exactly buzzing right now.
Op was your rate also cut like Nicoletta mentioned above?
No. Nothing was cut down or renegotiated.
Ask to be stood down and seek the $1,500
As a contractor, you should always expect to be dispensable at any given time. Being asked to not work for 10 days, is better than not having a job at this given time. Ive worked as a contractor at ANZ in the past, best part of that contract was leaving it!
What sort of issues did you have there?
Probably just exhaustion and burn out.
That's my guess but yeah I want to know too.
How did you get into contracting without understanding it? Protect yourself and your livelihood, do some research
You are a contractor. You dont get paid for leave. Nothing you can do.