FOAK: Another question for the EKS-isti

Another "purely hypothetical" question - say you have a bunch of
software developers, who so far have developed software and gone home
at a reasonable time of day. Suddenly they're asked to provide
overnight (and potentially weekend, details are very hazy at the
moment) callout support, presumably on top of their regular duties.

I guess if you're a permie and the company owns your arse you're SooL
as usual, but some advice would be appreciated as to how to handle
this
situation if you're EKS and your arse is only rented to the client.

 

IME the EKS charge a standby rate and a higher call out rate if they are
actually called. OMMV.

--
Catman MIB#14 SKoGA#6 TEAR#4 BOTAFOF#38 Apostle#21 COSOC#3
Tyger, Tyger Burning Bright (Remove rust to reply)
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Triumph Sprint ST 1050: It's blue, see.
www.cuore-sportivo.co.uk

 

It only ever happened to me once. I told them that subject to me
actually being available, I'd do any weekend work at double my normal
rate.

They agreed.

Which was nice.

 

we have pre-agreements with all our contractor's agencies for rates
for weekend or planned out-of-hours work. Typically this is 1.5 x time
for Saturdays and 2 x time for Sundays.

We have a flat (weekly) rate for call-out support, and pay extra on
top of this if people are called into the office (though not if they
can solve the problem from home).

However, in general, if there is no prior arrangement between employer
and agency, then in theory the contractor can negociate an ad-hoc
arrangement as necessary. The contractor would be within their rights
to refuse the work if there's no clause in the contract and the
company doesn't agree to what the contractor asks. Of course, back in
the real world, refusing extra tasks would be prejudicial to contract
renewal.

 

We had this very situation recently.

Me being permie was paid a fair chunk to work Saturday and Sunday.
About 4 times normal rate. I had to opt out of the Working Time
Directive temporarily.

Our contractor was paid 1.5 times his normal rate for Sat and 2x his
normal rate for Sunday.

Dunno about night because we only needed to do weekends.

So I guess the done thing is just for the EKS to bill for his time as
normal.

 

Oh, yeah, should point out that our call out term was we'd get paid
the full day amount if we got called, or 2 hours rate if we didn't.

 

You probably didn't need to opt out just for a weekend as it's the
average over several weeks that counts.

I've never opted out, including when I was on 24x7 call out.

 

I've not opted out since I've been with my present employer but time
spent traveling to work doesn't count and days off count as double
when you're working out your average. Allegedly.

 

I refused to opt out when they tried to sneak it into my contract.
Still waiting for an accurate one.

--
Catman MIB#14 SKoGA#6 TEAR#4 BOTAFOF#38 Apostle#21 COSOC#3
Tyger, Tyger Burning Bright (Remove rust to reply)
116 Giulietta 3.0l Sprint 1.7 145 2.0 Cloverleaf 156 V6 2.5 S2
Triumph Sprint ST 1050: It's blue, see.
www.cuore-sportivo.co.uk

 

It was potentially every weekend from Oct 07 to now.

As it turned out I only did about 6 of them.