advise please!

[janeinthedam]

My contract states a 40 hour week. Under overtime it has "N/A" - on querying this at the start of the contract I was told it wasn't expected that the role would require more than 40 hours. During the past 13 months the role has required me to do 50-60 hours plus per week. What is my position on overtime/extra hours worked. I have recently resigned the contract.

[ads1980]

My contract states a 40 hour week. Under overtime it has "N/A" - on querying this at the start of the contract I was told it wasn't expected that the role would require more than 40 hours. During the past 13 months the role has required me to do 50-60 hours plus per week. What is my position on overtime/extra hours worked. I have recently resigned the contract.

Did you not raise this with your line manager when it started happening? I know I have had to work extra hours before with no overtime available but my boss was good enough to let me have time off which was paid for and to finish early to make back the extra hours.

[malvolio]

My contract states a 40 hour week. Under overtime it has "N/A" - on querying this at the start of the contract I was told it wasn't expected that the role would require more than 40 hours. During the past 13 months the role has required me to do 50-60 hours plus per week. What is my position on overtime/extra hours worked. I have recently resigned the contract.

The time to debate this is when you can do something about it. Bit late now you've resigned, so walk away and do better next time. You're not owed anything anyway.

As to the original question, it depends if you were on hourly or daily rate. If hourly, all they are saying is there is no uplift for hours above the normal working week. If daily, you are charging per 24 hour period, so if you do any work for them in that time you charge them a fixed fee.

[VectraMan]

So to be clear: you've worked 13 months on a contract, and only now have you looked at the amount you were being paid?

[northernladuk]

Why did you re-sign without dealing with this issue with them? You have put youself in a predicament with only three options. Put up with it. Negotiate or walk.

You need to highlight this extra work to the agent/client and point out that it can't continue as you are only contracted for 40. Point out you are happy to do above and beyond the call of duty but it is getting out of hand and is becoming an issue. Hopefully you can come to some compromise to suit you both, maybe more flexibility in working locations, reduction in time, renumeration etc.

If they don't and you can't complete your work in this time you are going to have to decide wether to put up or walk I am afraid.

[stillooking]

My contract states a 40 hour week. Under overtime it has "N/A" - on querying this at the start of the contract I was told it wasn't expected that the role would require more than 40 hours. During the past 13 months the role has required me to do 50-60 hours plus per week. What is my position on overtime/extra hours worked. I have recently resigned the contract.

you're not doing anybody any favours accepting this, is this your first contract?

[diesel]

i cant believe you have been working so much overtime without any extra pay. take it youre on a day rate (a good one!).
learn and move on as we all do.

[Wanderer]

Do you mean resigned as in termination or re-signed as in signed an extension?

If you have terminated the contract then that's it. Put it down to experience, take the money and move on with good grace, but don't be taken for a ride again.

If you have extended the contract then you have weakened your position a bit. Extension time is negotiating time and trying to renegotiate a contract just after signing it is bad form.

So if the contract says 40 hours then that's what is expected of you. If you are working more than that then have a quiet one-to-one with your client and tell them you either get paid overtime or you work the 40 hours and that's it. They may get a bit upset about this but they have clearly contracted you for 40 hours a week.

If they refuse to pay overtime on the basis that it isn't in the contract then work to rule and only do the contracted hours. If they really want you to work extra hours then they can change the contract and pay the overtime.

[lxt04]

Yeah, it definitely sounds like this is one of your first contracts.

Don't confuse being a contractor with being an employee. There is no obligation for you to work extra hours, and unless you're getting paid for them, you shouldn't.

You're paid to work 40 hours a week. If you are required for more than that, you are paid extra. If the client doesn't want to pay extra, you don't do any more work. Really simple.

Some people - particular if you're new and coming from perm - have problems with this, particularly telling the client 'no'. But you've got to. Your contract and pay is for x amount of time.

If you do more than X without asking for additional payment then don't complain when you don't get it. And if you keep at it for 13 month....more fool you. I don't know what you want people to say. You've certainly got no case regarding any kind of additional renumeration for the overtime you've already worked.

[MarillionFan]

A few extra hours here and there is acceptable, it shows willing. But if you are asked to consistently do 10-20 hours plus, either a) Go back to the agency and charge accordingly b) Agree additional time off in leiu with the client or c) Just do your hours that you are contracted for.

You are a contractor after all. It's your business, please do not confused with being a perm.