I recently read in a contract, “You will maintain state of health suitable for performance of your services”. I presume this means: don’t turn up drunk, don’t gain 5 stone when you are working as a catwalk model, don’t ignore compulsory health guidelines, such as vaccination or testing rules.
I am being facetious – but this is quite common for freelancers/contractors who can’t do the work because of incapacity, and the company has the legal right to end the agreement.
I actually think it’s fair enough. People get ill, have strokes, heart attacks, accidents, slips and falls – and if they can’t work, then their clients have to find someone else (because unless you’re Tom Cruise, they won’t wait for you to recover to complete the project). Particularly for actors, who need to look a certain way for roles, there is an added layer of responsibility: action heroes need to be fit, romantic leads need to be reasonably attractive, and the rest of us can’t lose or gain too much weight, cut or grow our hair so it doesn’t fit the character, or have too much plastic surgery for the roles we’re playing.
For other jobs (accountants, dentists, warehouse workers, lollipop ladies) they also have to be fit to do the job. Of course, some of them may have staff contracts, so they are covered for sick days, but for the freelancers, we have to turn up raring to go, fit and healthy and in the right state of mind/body to do the work.
I have gone to work with: back pain, a headache, a mild cold – not a streaming cold or loss of voice, because then I couldn’t actually do my broadcasting or acting work (and also, no one else wants my cold).
I have worked with Covid! :-0 but, to be fair, I didn’t know I had it, and only discovered at the end of the day when I got home and tested myself. I have worked with a hangover (a loong time ago, in my 20s, and I think most of us have done this – ONCE, but never again – it’s not worth it). I have worked with a corn on my toe (you can laugh but they’re agony! I was mostly sitting and not walking/running, so it was manageable). I have also worked with pretty bad period pain, which many women will relate to (painkillers are your friend). One of the only times I had to cancel work (on the day, which wasn’t ideal) was when I got an agonising eye infection, sat in A&E all night, and was still suffering in the morning (couldn’t see, had one eye inflamed and streaming) – having received no treatment, as there were no consultants available.
But mostly this clause is about substance abuse, safety non-compliance, or failing physical fitness – which may put the rest of the team at risk or lead to unacceptable production delays. Companies may also not be able to get insurance for freelancers who have untreated health issues or dangerous habits. Missing shoot days inconveniences everyone else and means the prioject won’t get finished by the time the rest of the crew has to move on to other contracts.
I am also sorry to say that if someone develops cancer or something equally serious, the employer will be sympathetic but, I’m afraid, most probably won’t be able to pay you.
My point is:
…and this is my point. I understand that we, as a society, have fought long and hard for employers to pay legitimate staff sickness benefit. But for clients who use freelancers on a project-by-project basis, if they can’t do the work, it’s reasonable for them to be replaced without pay. Discuss.
