Contracting issue, client trying to treat me like an employee and to pay me less than

**CoolCat** · 19 January 2018, 08:50

Originally posted by Chelseagirl View Post

Hello everyone,

I’ve been contradicting for 2 years now and so far it’s been the perfect way to work for me. I’ve been lucky with my clients and most of the times, got repeat business.

I have started working for a new client. I don’t think they have a lot of experience sigh freelancers as they’ve given me a «*manager*» when I don’t really need one. She’s been trying to treat me like an employee (she wants to have a review meeting with me about my «*progress*»?) when I have already explained to them I wasn’t an employee.

On top of that, the contract they’ve given me is wrong. For starters it doesn’t state the hours I’m supposed to work. Also, we had agreed to a £170 day rate and in the contract it’s written that I would get paid “£3.000 every calendar month in arrears” which brings my earnings to 135 a day for 40 hours of work a week. They had asked me my day rate which is £250 and in the email it says “170 a day or 3,000 a month”, I told them I agreed to 170 a day. Also they’ve given me more responsibilities than I expected (I’m supposed to manage the editorial content for one country and ended being given three to overview which means 3 times the work...)

I got in touch with the VP and we’re supposed to have a meeting about it, but he doesn’t seem ready to budge.
He is adamant that the 3,000 figure was agreed on when I never agreed to it. I agreed to £170 a day. 135 a day is not feasible for me as it brings my earnings to £13 an hour after taxes. Given how much work is requested from me, I don’t think it is fair.

The VP has said that the 170 a day is more for “as hoc or daily assignments not for a 3 months contract”

I know I never agreed to the 3,000 number and have proof that the 170 number is what I agreed on.

1. How do I get them to treat me like a contractor instead of an employee without ruffling any feathers.

2. How do I get them to put the £170 day we agreed on in the contract.

Thanks in advance.

dont start work unless you have a signed contract you are happy with is the lesson from this

**northernladuk** · 19 January 2018, 09:10

I don't quite understand all this. Why would you have a day rate AND 3000 a month in your contract.

You need to read it word for word and understand it. It's what you signed and it is legally binding so it's your get out. If it does indeed state the terms you want clearly and you've both signed it then they honour it or you walk and will chase them through legal challenges for the amount outstanding.

I don't think you need to worry about getting tough here. You are better off out if it's as bad as you say.

**BlasterBates** · 19 January 2018, 09:15

When you have the meeting with the VP just tell him you agreed 170 and if he isn't amenable to changing it then you are entitled to leave.

**northernladuk** · 19 January 2018, 09:17

Sounds like they wanted a temp not a contractor. Did you get your contract reviewed at all?

**b0redom** · 19 January 2018, 09:26

Originally posted by Chelseagirl View Post

Hello everyone,

I’ve been contradicting for 2 years now and so far it’s been the perfect way to work for me. I’ve been lucky with my clients and most of the times, got repeat business.

Sounds like you should have plenty of experience with this typo of scenario then.

More seriously though, as others have said, you need to read and understand the contract. If you don't feel you can do that - get it reviewed by QDOS etc before starting. Ultimately if it's not clear, and open to interpretation though you need to say to the VP - we agreed on X, either stump up or I'm leaving (and be prepared to leave) - same deal with the additional workload.

**BrilloPad** · 19 January 2018, 09:29

Personally I would do as little as possible. And look elsewhere.

Somwetimes one has to ruffle a few feathers to make an omlette.

**jmo21** · 19 January 2018, 10:01

Originally posted by Chelseagirl View Post

I don’t think they have a lot of experience sigh freelancers

Ha! they don't have experience with freelancers?

so why did you sign a contract that says £3000 a month? and why start the contract if you weren't happy? How long have you been there now? Don't tell us you've been there a month and received the first payment?

Sounds like you didn't read the contract.

Regardless, it sounds like aren't going to up it to what you thought you were getting, so you'll either have to suck it up, or hand in your notice.

**TheFaQQer** · 19 January 2018, 10:50

Originally posted by northernladuk View Post

I don't quite understand all this. Why would you have a day rate AND 3000 a month in your contract.

Thought this doesn't appear to be the case here, you might have a day rate and a maximum month;y invoice amount in the contract, eg £150 per day subject to a maximum monthly invoice value of £3000 + VAT at the prevailing rate.

That allows the client to set their maximum budget for the project but to also give them scope to not have you there for more than 20 days a month either.

**Chelseagirl** · 19 January 2018, 11:38

Thank you for your responses.

I had a meeting with the VP and they agreed to change the contract.

However my outstanding problem is with the person I “report” to. She treats me like an employee and wants to have a one on one meeting with me.

How do I tell her that I can’t have one on ones with her to talk about my “progress” as I’m not an employee?

Thanks

Contracting issue, client trying to treat me like an employee and to pay me less than