electronic timesheet processing.

[thequ1ck]

The problem is a total lack of transparency by HaysIT.

I contest that the contract is unlawful in respect to it not specifying that timesheets submitted electronically will be subject to a minimum of a 7 day delay.

Although not in direct contravention of regulation 12 of the code of conduct for employment businesses by means of withholding pay. The terms of contract by means of not accepting electronic communications stipulate an unreasonable delay in payment.

[The Lone Gunman]

The problem is a total lack of transparency by HaysIT.

I contest that the contract is unlawful in respect to it not specifying that timesheets submitted electronically will be subject to a minimum of a 7 day delay.

Although not in direct contravention of regulation 12 of the code of conduct for employment businesses by means of withholding pay. The terms of contract stipulate by means of implication what I consider to be an unreasonable delay.

I havent read your contract and IANAL but, there is no requirement on Hays to accept electronic time sheets. They can insist on original copy as proof of work.
WHere you seem to be struggling is in the definition of withholding. I am sure your contract will explain that they will pay upon receipt of a time sheet in their next payment batch run. They can not be accused of withholding untill this period has passed.
You also seem to believe that waiting a week is unreasonable. Many employees work a week if not a month in hand before payment and many businesses will be subject to a 90 day accounting period.

[thequ1ck]

Regulation 12 provides that an employment business must not withhold or threaten to withhold the whole or part of any payment to a temporary work-seeker in respect of any work s/he has done on the basis that:

(a) the employment business has not received payment from the hirer

(b) the work-seeker has not produced a signed timesheet confirming that s/he has worked during a particular period of time. In practice, if a hirer will not sign a timesheet verifying the number of hours a temporary worker claims to have worked, the employment business cannot leave the matter there and refuse to pay the temporary work-seeker because s/he could not produce a signed timesheet. However, the employment business is not prevented from reasonably delaying payment (for a relatively short time) while it makes reasonable inquiries to verify the hours the temporary work-seeker did work.

'They can insist on original copy as proof of work.' --- no they can't.

[boredsenseless]

Of course all of this goes to prove the standard view of most of us with regard to CF, CP and H@ys

[Lucifer Box]

thequ1ck, having to wait 7 days for payment is outrageous. You should terminate your contract forthwith and tell Hays to shove it up their arse. You should also take them to court and sue for the financial losses and stress you have suffered.

[The Lone Gunman]

This regulation does not prohibit the use of timesheets or
other documents used to verify hours worked.

You stopped a couple of lines short in 12 b.

Second, you are still ignoring the fact that you have a contract which agrees to pay you within a certain period. As long as they do then they are not withholding!

This is only my interpretation.

[thequ1ck]

Gunman, this is just the tip of the iceberg.
I was hoping for some kind of angle to combat their absolute incompetence.

To my knowledge we live in the year 2006 and most other IT companies
accept electronic communications for timesheets. Why don't Hays?

Unfortunatley you can't sue a business for being run by monkeys

[The Lone Gunman]

Electronic copies can be doctored, it is easy enough to scan signatures and add them. Would you accept a faxed copy of a cheque as proof that there was a real one to follow when selling on ebay?

I have been contracting for 8 years and every agent I have had has insisted on originals being in their possesion before paying out, though they have all accepted faxed copies to allow them to start the process early.

I agree that the new regs should stop this but it hasnt and it is one of the reasons they want us to opt out.

You need to take a deep breath and remember that you are in business and dealing with late payers is one of the hazards.

You never know, it might add to your claim to be without IR35.

[thequ1ck]

Thank you all for the kind help at least now I'm sure I've been screwed by Hays

[boredsenseless]

Thank you all for the kind help at least now I'm sure I've been screwed by Hays

Wow I consider myself lucky if I get paid within 60 days, I'd love to be screwed as badly as you have been. You have my sympathy

I'd hate to have a customer who actually paid within the terms of the contract it would really screw up my view of the world.