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[TRENCHES] Thursday, December 13, 2012 - Hats Off!

GethGeth LegionPerseus VeilRegistered User, Moderator, Penny Arcade Staff, Vanilla Staff vanilla
edited December 2012 in The Penny Arcade Hub
Hats Off!


Hats Off!
http://trenchescomic.com/comic/post/hats-off

Permatemp

Anonymous

I was once hired to do QA for a big company in the industry. It was a temporary position, contracted for 6 months, but had potential for upwards movement.

That was 3 years ago.

I’m still temporary. I was laid off once, only to be re-hired a week later with a new contract. I’m pretty sure that what this company is doing by keeping me temporary is illegal, but I don’t want to say anything because I don’t have another job lined up.

I scour the internet everyday for a new job.


Geth on

Posts

  • RMS OceanicRMS Oceanic Registered User regular
    I know that in the UK after nine months they are supposed to either offer a permanent contract or let them go.

    My brother was in a similar situation. It took a union getting involved to get a permanent contract.

  • zepherinzepherin Russian warship, go fuck yourself Registered User regular
    Unfortunately QA people are rarely in a union, and depending on the state, it may not be illegal. There may be some civil consequences, if it is policy or if it was stated that the temp position was for x months and now it isn't because employment is still a contract, but criminally there really isn't anything there.

  • HaleStorm87HaleStorm87 Registered User new member
    edited December 2012
    I'm also a contractor. My client keeps me by renewing the agreement and extending the time. It is not illegal to do so. I have a fellow coworker who has been in the same job for 3 years as a contractor. They keep contractors because it is cheaper than a full-time employee. Clients don't need to pay for insurance and benefits or unemployment. The only thing that sucks is in the agreement they can let me go for any reason and any time and I have no defense.

    HaleStorm87 on
  • El SkidEl Skid The frozen white northRegistered User regular
    edited December 2012
    Yeah, even up in Soviet Canada some companies do the "sign to a temporary contract, lay off for the minimum required time and then sign to another temporary contract, repeat indefinitely" thing, and not just for QA. It's totally going against the spirit of any laws that may be in place to stop this kind of thing, but there's not much to be done as I understand it. If a company is going to do this, you can put in harsher laws and the company will just lay off the employee for longer before rehiring them temporarily- all you're doing is messing with the employee's livelihood by trying to interfere.

    The upshot of this is just what is happening in the story, though. If the person can find a full-time position with benefits they will do so if able, so the company ends up with lower quality people because of their hiring practices, long term.

    El Skid on
  • DarkewolfeDarkewolfe Registered User regular
    I'm betting that part of what enables this sort of behavior is the fact that folks who make Game QA their career have a little less motivation/job savvy than other people. Their idea of "job hunting" doesn't mesh with the real world, so they never land anything and enable their employer to keep doing this to them.

    What is this I don't even.
  • zepherinzepherin Russian warship, go fuck yourself Registered User regular
    edited December 2012
    Darkewolfe wrote: »
    Darkewolfe wrote: »
    I'm betting that part of what enables this sort of behavior is the fact that folks who make Game QA their career have a little less motivation/job savvy than other people. Their idea of "job hunting" doesn't mesh with the real world, so they never land anything and enable their employer to keep doing this to them.
    That is just more of an age/experience problem than anything. I see the same thing from people who work retail and food service. Looking for work is a skill, and something that some people are woefully underprepaired for when they get out of high school and many times when they get out of college.

    I don't know if part of the problem is simply narcisism or unfounded optomism but unless you were part of some crazy awesome project, chances are nobody has heard of you and they are not going to come find you to offer you a job.

    It's something that bad experience tends to fix, but I believe that part of our education should be on finding a job, as opposed to bad experience and crappy jobs.

    zepherin on
  • Warlock82Warlock82 Never pet a burning dog Registered User regular
    Darkewolfe wrote: »
    I'm betting that part of what enables this sort of behavior is the fact that folks who make Game QA their career have a little less motivation/job savvy than other people. Their idea of "job hunting" doesn't mesh with the real world, so they never land anything and enable their employer to keep doing this to them.

    I kind of suspect this is true. If this guy is looking for something in the exact same line of work, then yeah, I am not entirely surprised he can't find anything better. If he were to branch out from that, it might be a different story.

    Switch: 2143-7130-1359 | 3DS: 4983-4927-6699 | Steam: warlock82 | PSN: Warlock2282
  • Red RaevynRed Raevyn because I only take Bubble Baths Registered User regular
    If you haven't found a new job in three years, it's your own fault. I can't feel pity for someone like this, whose "scouring the internet" probably consists of repeating the same process that has failed them for (allegedly) three years of effort. Hmm, maybe try something new? Sheesh.

  • halkunhalkun Registered User regular
    edited December 2012
    I'm a contractor that has been employed for two years now on an inital 1 year contract. This story sounds like his working though a poor agency.

    After my first year was up, they automaticlly renewed to go month-to-month. My agcency let me know that was going to happen when I went in.

    Contracters actually cost more then employees. In fact, if I got hired, I would get a cut in pay.
    I will also gain a pension plan, 401k, and health benifits that I don't have to pay 100% for. (I have no employer co-pay though my agency.)

    If you are not a self-employed contactor, you are employed by your agency, you need to talk to them if you are in a bad position.

    halkun on
  • DarkewolfeDarkewolfe Registered User regular
    Yeah, the times when I've negotiated as a contractor rather than a salary employee, my rate has always been much higher to account for the lack of benefits and lack of job stability.

    What is this I don't even.
  • crashsuitcrashsuit Registered User regular
    El Skid wrote: »
    Yeah, even up in Soviet Canada some companies do the "sign to a temporary contract, lay off for the minimum required time and then sign to another temporary contract, repeat indefinitely" thing, and not just for QA. It's totally going against the spirit of any laws that may be in place to stop this kind of thing, but there's not much to be done as I understand it. If a company is going to do this, you can put in harsher laws and the company will just lay off the employee for longer before rehiring them temporarily- all you're doing is messing with the employee's livelihood by trying to interfere.

    The upshot of this is just what is happening in the story, though. If the person can find a full-time position with benefits they will do so if able, so the company ends up with lower quality people because of their hiring practices, long term.

    The employee is the one that gets caught out, but I wouldn't be so quick to blame lawmakers' attempts to help in such a situation, I'd blame the company that seeks whatever legal loopholes it can to take advantage of the people it hires. Legal or not, it's not very nice, and doesn't do much to secure the goodwill of its employees and contractors.

    I'm just this guy, you know? Sometimes I draw comics.
  • Ori KleinOri Klein Registered User regular
    edited December 2012
    I'll do it for a couple years to establish proven routine. Then at the next time the contract expires and they "lay off" then come with a new contract I'll start getting "wise". Asking why you doing this? Is this a protocol? Who?/what?/et cetera and demand a permanent contract. Record people if possible (even so-called illegaly).
    Then find a few good lawyers pro-bono (make it clear to them that you're going after strip mining the bastards for as much cash as you can extract, not for ideals - they'll be on board) and take them to court and sue their pants off. Even in a settlement (if you choose to settle) you could get a very nice fee that'll fix you up and make the lawyers happy. And a corporate work ethics judge will be all the more eager to ream them good as an example. They love throwing the book and hammering these types, it makes them look real popular in public eyes and consequently political circles.

    Ori Klein on
  • cursormortiscursormortis Registered User new member
    I don't think he's being fired and rehired. He was laid off once, then rehired with a new contract, the terms of which haven't been specified. The new contract may not have an end date. It also doesn't say he's with a contracting agency, just that he's a temporary employee.

    I don't think the company's doing anything illegal. I've been at my job for more than 18 months, working as a "seasonal" employee because they haven't had any full-time positions open (and when they did, they filled it with another seasonal). I know people who've been there for years. In my time there, I was laid off and rehired the next day. Not because my contract was up or anything like that, but because they made a bad estimate on how much work was going to be available. There may well be something nefarious going on with this guy's story, or there might not be. My guess is that he's just pissed no one's walked up to him and offered him a full-time job.

  • MackenzierMackenzier Gold Star Police Ninja Lurking... less than usual.Registered User regular
    At my current contract, if they hired me I would get a pay rate bump but an ultimate pay loss. Their employment contracts disallow overtime pay, substituting time in lieu; my current agency contract grants me time and a half after a certain number of hours per week. Lieu time is by no means bad but the time and a half has really gone a long way in digging myself out of debt. Another 6 months, I'll be pretty much golden and then it may be time to revisit the working arrangement if they are still relunctant to properly onboard me.

    Perma-temp as part of corporate culture really is starting to become a norm. I feel it ultimately hurts a company in the long run, as you foster an attitude of ambivalance in your lower rungs and the toss-away tissue nature of their employment status means that a company is much less likely to invest in any form of training beyond what is required for day-to-day tasks. In the short term though, it is very, very appealing for the bottom line.

    Steam: Mackenzier
    FFRK: 9rRG
  • NeuroskepticNeuroskeptic Registered User regular
    It would be interesting to compare the experiences of testers with, say, McDonald's employees. I bet they have it worse off because at least you know McDonald's isn't going to go bankrupt tomorrow.

  • El SkidEl Skid The frozen white northRegistered User regular
    crashsuit wrote: »
    El Skid wrote: »
    Yeah, even up in Soviet Canada some companies do the "sign to a temporary contract, lay off for the minimum required time and then sign to another temporary contract, repeat indefinitely" thing, and not just for QA. It's totally going against the spirit of any laws that may be in place to stop this kind of thing, but there's not much to be done as I understand it. If a company is going to do this, you can put in harsher laws and the company will just lay off the employee for longer before rehiring them temporarily- all you're doing is messing with the employee's livelihood by trying to interfere.

    The upshot of this is just what is happening in the story, though. If the person can find a full-time position with benefits they will do so if able, so the company ends up with lower quality people because of their hiring practices, long term.

    The employee is the one that gets caught out, but I wouldn't be so quick to blame lawmakers' attempts to help in such a situation, I'd blame the company that seeks whatever legal loopholes it can to take advantage of the people it hires. Legal or not, it's not very nice, and doesn't do much to secure the goodwill of its employees and contractors.

    I don't blame lawmakers at all! All they can do is set rules as to describe what a permanent employee looks like. All I was saying is that they can't really crack down on people that hold to the letter of the law and break the spirit, because you can't legislate the spirit properly. Basically if people want to be assholes and skirt around the law there's not much the legislators can do. And as mentioned, the decision to continually keep people temporary even if they're there indefinitely will just end up hurting the company that does this in the long run.

  • Warlock82Warlock82 Never pet a burning dog Registered User regular
    It would be interesting to compare the experiences of testers with, say, McDonald's employees. I bet they have it worse off because at least you know McDonald's isn't going to go bankrupt tomorrow.

    Don't be so sure :P They could easily close your McDonald's location and you'd be out of a job (unless they moved you to a different one). Also I would guess testers don't go home smelling of grease and french fries :)

    Switch: 2143-7130-1359 | 3DS: 4983-4927-6699 | Steam: warlock82 | PSN: Warlock2282
  • HenroidHenroid Mexican kicked from Immigration Thread Centrism is Racism :3Registered User regular
    Maybe this is why I have such shit luck finding a job, because I keep specifying I'm after full-time employment, no temporary or seasonal shit.

  • MichaelLCMichaelLC In what furnace was thy brain? ChicagoRegistered User regular
    Warlock82 wrote: »
    It would be interesting to compare the experiences of testers with, say, McDonald's employees. I bet they have it worse off because at least you know McDonald's isn't going to go bankrupt tomorrow.

    Don't be so sure :P They could easily close your McDonald's location and you'd be out of a job (unless they moved you to a different one). Also I would guess testers don't go home smelling of grease and french fries :)

    That smell is terrible. A n ex-girlfriend worked at a McD's for awhile and her uniform was disgusting - even as someone who eats McD's occasionally. It was the olfactory equivalent of seeing grease congealed.

  • quannagequannage Registered User new member
    I've worked as a temp for three years now in various companies. not as QA, but in light industrial.
    it's the exact same principle there, too. A lot of these companies string you along for months after they are supposed to hire you in, hoping to get brought in permanently.
    At my last temp job, there were guys who had been temps at that plant for over 8 months, and still had no idea when they were going to get hire in.

    I talk about this at length on my blog. if you have a minute, you can see the post here.
    http://theseizurecomic.com/archives/451

  • Shadow WroughtShadow Wrought Registered User new member
    Is the dialogue balloon cut off for everyone else, or am I just the lucky one?

  • MichaelLCMichaelLC In what furnace was thy brain? ChicagoRegistered User regular
    The comics are detail shots (whatever the industry term is) of past comics - this season is over, so just the stories are new.

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