Contract negotiations?

Subject: Contract negotiations?
From: "Hart, Geoff" <Geoff-H -at- MTL -dot- FERIC -dot- CA>
To: "TECHWR-L" <techwr-l -at- lists -dot- raycomm -dot- com>
Date: Thu, 9 Oct 2003 10:34:59 -0400


Carlton Daugherty wonders: <<I have been working for the last year
overseas... correcting the grammatical errors and attempting to sort out
their engineering descriptions of the various aircraft systems... They
wanted me to stay for another year at the same terms ($43,000/year + a place
to live and bills + medical insurance)... We have negotiated that the job
can be done ... over the Internet. Their proposal is that they take my
current salary and divide it in half (since it is now a part time position)
and then divide it by the estimated number of pages of text (excluding
tables and images) to come up with a rate of $13.64 per page.>>

If you're doing half the quantity of work, that's fair. But you said "the
quantity of work will not change", which means they're asking for a 50% pay
cut--which is ridiculous. Point out to them that paying per page only gives
you an incentive to write more text rather than producing something shorter
and more effective. Why not offer to do the job for the same price you were
paid before ($43K per year)? Point out that they'll save your housing and
insurance costs, which were probably significant. If you're sharing
accomodations and insurance with your wife, that might still work out in
your favor, and if not, you'll possibly still have free time to look for
other work.

If you feel that you waste a lot of time at the office (e.g., waiting for
the network to be available, schmoozing with colleagues), it might be
reasonable to take a slight pay cut on the logic that you'll have more free
time to seek other freelance work and make up any shortfall. But given that
"There is no schedule for periodic arrival of the documents; they will hit
all at once when they come.", it doesn't sound like you'll have that kind of
flexibility.

<<Again I am young and do not have much experience with contracts. Example:
Last year I was verbally assured...>>

Lesson 1 of freelancing: Verbal contracts are legally binding, but can only
rarely be enforced because proof of exactly what was said can be next to
impossible to obtain. Always get it in writing.

<<Can anyone help me with a sample contract for technical writing?>>

Have a look at the editing contract provided by the Editors Association of
Canada: http://www.editors.ca/pubs/contract.htm
You'll have to modify this slightly to reflect your specific situation.
Moreover, you'll have to add a clause that defines which jurisdiction's laws
govern any dispute; if not, you can easily get into all kinds of disputes
over which jurisdiction would be used to adjudicate any disputes. Aim for
your own jurisdiction, so they'd have to send someone to your local court if
a dispute arises; that provides a strong incentive for them to play fair
with you. Court should always be your last resort (it tends to tarnish a
relationship), but should it become necessary, make sure the deck is stacked
in your favor.

--Geoff Hart, geoff-h -at- mtl -dot- feric -dot- ca
(try ghart -at- videotron -dot- ca if you get no response)
Forest Engineering Research Institute of Canada
580 boul. St-Jean
Pointe-Claire, Que., H9R 3J9 Canada

"Wisdom is one of the few things that look bigger the further away it
is."--Terry Pratchett

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