Agency payment terms issues (Legal)

[NotAllThere]

I have not signed a contract.

Yet you're on site. Not good, as that usually means you've accepted the terms and conditions of the agency. Rule 94 of the contractor's handbook - never start working until the contract is agreed.

[Hobosapien]

You may have had more leverage on getting the terms you wanted from the agency before you started the contract and submitted your first invoice. It's unlikely you'll get any movement from them now as they'll call your bluff and use your recent contact with client as 'proof' you were a 'wrong un' and 'not worth the hassle'.

I get your worry over the client potentially being a bad payer but if the agency is sufficiently large and there are no terms in the contract that they only pay you when they get paid, then I'd be more interested in the agency's ability to pay on time. Most of the time we can have no idea how good a payer the client is or what their payment terms will be with the agency.

Otherwise are you saying you'll only consider contracts with weekly payment terms? If so, better to get that sorted out before wasting time on interviews and accepting contracts.

[WTFH]

There’s a few bits of your story that don’t add up, maybe it’s just how you’ve worded it.
1. Have you worked for the end client before?
2. Have you through this particular agency before?
3. Who is the agency?
4. Does the agency’s website say “weekly payroll is available with no exceptions or caveats” or does it say “weekly payroll is available”?
5. Does the Offer Confirmation Form (which sounds like a form you sign to accept a temporary contract, although you seem to think it is a “pre contract agreement”) state anything about payment terms?
6. Did you sign the Offer Confirmation Form (or acknowledge your acceptance of it)?
7. Are you currently on site working the contract?
8. With all your years of experience, why are you discussing the terms and conditions of the contract between you and the agent with a third party, namely the client, something that I would expect is specifically mentioned as something you shouldn’t do?

[DeludedKitten]

Maybe I'm missing something but the choices are:

1) Accept monthly invoicing and get paid monthly.
2) Do not accept monthly invoicing and persuade agency to pay weekly.
3) Do not accept monthly invoicing and look for another role.

You've already said that you'll look for another role so get on with that rather than dragging this one out. That way the agency can find someone else, the client can crack on with their work, and you go somewhere else on weekly terms. Everyone wins that way.

[simes]

Not that I am answering the original question, but in 18 years, I have never been paid weekly.

And on the rare occasion it has been offered, I have stuck with monthly payment. Less paperwork, less checking.

As to the answers, I concur with the above options, 1 and 3. Would ignore 2 as I currently cannot see a reason as to why this is so required.

[Hobosapien]

Not that I am answering the original question, but in 18 years, I have never been paid weekly.

And on the rare occasion it has been offered, I have stuck with monthly payment. Less paperwork, less checking.

...

Some of the more established agencies offer weekly bacs run and self billing, so you only need to submit an approved timesheet to them by early in the week (Monday or Tuesday usually) to get paid into your account on the Friday. Some even do manual payments if they received the approved timesheet a bit later than their automated cut-off.

Personally I prefer to get paid asap, better in my account than the agency's, especially if they are playing games delaying payments or otherwise showing signs of poor cash-flow meaning there's a real risk non-payment will happen. I learnt that lesson from experience.

[JohnM]

i normally always agree payment terms before the contract starts, as a previous poster has already said once you are in contract you will find it difficult to change payment terms unless you already had a verbal or written agreement beforehand