Extra Hours

[Sockpuppet]

Client Co is in the poop. Testing program has been extended so all testers will move from 8 hour days to 12 hour days, 5 days a week. Now I'm doing 8-6 now so no real biggie for me. The issue is they're wanting to pay us more - by way on "chucking an extra day or two in".

What's the collectives view on this. I can only think its a bad thing for IR35. Getting paid for days I haven't "worked", abeit I have just not on the day they said.

[Wanderer]

The issue is they're wanting to pay us more - by way on "chucking an extra day or two in".

Ideally you could renegotiate your contract with different rate for an 8 hour or 12 hour day or amend the schedule to say that when agreed in advance with the client, 12 hour days are charged at 1.5x day rate.

I can see how they don't want to change your contracts (too much hassle) and booking extra non worked days is the easiest way to work around it. Indeed, I've done that a fair few times in the past with the client's agreement.

I don't see anything wrong with booking an extra day to compensate for long days worked. I would argue that it's not a pointer to direction and control, it's just a fudge to overcome a limitation in their billing system.

It sucks that we have to jump through all these hoops because of IR35 though.

[northernladuk]

Ideally you could renegotiate your contract with different rate for an 8 hour or 12 hour day or amend the schedule to say that when agreed in advance with the client, 12 hour days are charged at 1.5x day rate.

I can see how they don't want to change your contracts (too much hassle) and booking extra non worked days is the easiest way to work around it. Indeed, I've done that a fair few times in the past with the client's agreement.

I don't see anything wrong with booking an extra day to compensate for long days worked. I would argue that it's not a pointer to direction and control, it's just a fudge to overcome a limitation in their billing system.

It sucks that we have to jump through all these hoops because of IR35 though.

No but being asked to do those hours is, particularly if he has professional day or 8 hours in his contract. This is a change in contractual hours, it gets documented and agreed or you fall straight in to D&C. Couldn't be any clearer to me. Same as doing a bit of extra work on request etc.

If the terms of the contract changes then so must the contract. I can't see why they wouldn't change the paperwork. If they wouldn't I would be concerned they don't see me as business which has all sorts of other ramifications. Maybe they don't have to change the whole thing, ad an extra schedule documenting the change or something like that. Either way, I wouldn't be taking that extra work on without the changes.

[BolshieBastard]

60 hour week from 40? Seriously? They can **** off would be my response. If the project is that much in the crep, it aint going to be for one or two weeks. And if the extra hours is to bring the project in on time, when exactly would one be able to take these paid for days off?

IME, there isnt any time at the end of projects to take more than a day or so off if at all.

[eek]

Client Co is in the poop. Testing program has been extended so all testers will move from 8 hour days to 12 hour days, 5 days a week. Now I'm doing 8-6 now so no real biggie for me. The issue is they're wanting to pay us more - by way on "chucking an extra day or two in".

What's the collectives view on this. I can only think its a bad thing for IR35. Getting paid for days I haven't "worked", abeit I have just not on the day they said.

You can't legally bill for 60 hours a week even if you work 7 8 hours days a week.

Get a new contract drawn up to replace your current one.

[kingcook]

I'd definitely get the contract changed to show 1.5x rate.

Reassure the client maybe by having a 0 day notice to flip back to normal 1.0x rate? Not sure how that would be worded.

[psychocandy]

Could be worse they could be spouting the professional working day line and expecting 12 hours a day for nothing extra....

[Wanderer]

You can't legally bill for 60 hours a week even if you work 7 8 hours days a week.

Why not?

[psychocandy]

Yeh, if we're talking about working time directive you can opt out if you like anyway, can't you?

[northernladuk]

Yeh, if we're talking about working time directive you can opt out if you like anyway, can't you?

If he was a permie he could... but he isn't.....