-
 Originally Posted by flowerchild
... otherwise I can't remember who has the old contract and who has the new one etc.
This is what prompted my reply - this is a terrible idea. You MUST have a copy of the signed contract so you can see who has what terms and conditions. If you get taken to court and can't produce the current contract, you have zero means of proving your statements. A blank/generic contract without the client's signature has no value in court.
If I am understanding you, you make changes throughout the year but only issue a new contract detailing them in January?
You can't enforce any changes you make throughout the year, unless you can prove your client agreed to that change and again, that's only though a signed contract. Without a signed contract with the changes, the only agreement that can be enforced is the latest signed contract i.e. your old one.
I got a text from a parent tonight asking for clarification of full payments on stat holidays and if that was new (it was) and was I OK with having less than two weeks notice for days off (contract says two weeks notice or full payment - not new).
I texted back that the stat payment part was new and that they were welcome for last minute days off but that they still had to pay because I had already planned for their child to attend/bought food/etc. I didn't even get into the fact that I need to be able to have a predictable schedule to be able to pay my own bills.
No.
You can't do that.
You cannot introduce something new and insist on it without their written agreement. YOU are in breach of contract. YOU can be sued.
The contract you have with a client is written and signed by you both. You cannot change that without their agreement and without a new contract - nor can they. How would you feel if they suddenly decided that the rate they would pay is 50% of last years? You wouldn't let them make that change without your agreement, would you? Likewise, you cannot make changes without their agreement.
You can inform them of a change, issue a new contract and expect it to be signed by a set date but if the parents don't want to accept it, then they don't sign the new terms, and when your stated date comes around, the original contract is expired and therefore they have no contract of care - it's merely ended on that date. And no, they don't have to give notice, they just have to get to that date. In that situation, you are considered to have ended the existing contract. You have to return all funds you were holding.
You absolutely do not have the right to change the terms of their contract so that you are paid for stat days if you weren't before. If their agreement stated that you needed two weeks notice of time off and if that's what they signed, then yes, you can hold them to payment with less than 2 weeks notice.
I have a hard time standing up for myself, so I'm proud of myself for sticking to my contract. I just hate feeling like I need to justify being paid.
And it's great that you did enforce your contracts - in terms of the two weeks notice of time off or they have to be paid. Well done, I know it's hard.
But in terms of the stat days and making them pay - if that's new, and not in your contract with these parents, you are on very dicey ground. Strictly speaking, they can now claim that you breache the contract which was for no payment on stat days and so now, they can walk away if they want and don't have to give you notice or anything. They can sue you for breach of contract and any monies you owe them so if they don't return, I'd advise you to refund any fees you have or risk being taken to Small Claims Court where you will also be made to pay their costs.
Sorry for the bad news.
Last edited by Rachael; 01-08-2015 at 11:00 AM.
-
Similar Threads
-
By ebhappydc in forum Caring for children
Replies: 7
Last Post: 12-14-2015, 06:03 PM
-
By Robyn in forum The day-to-day as a daycare provider
Replies: 9
Last Post: 08-20-2013, 10:32 AM
Posting Permissions
- You may not post new threads
- You may not post replies
- You may not post attachments
- You may not edit your posts
Forum Rules
|