Weekend Overtime Claims (Contract Employment)

[patillinganna]

Dear Readers,

Good Evening,

Need some expert legal advice in following :

During my 2 years of contracting , I did 20 days of Weekend Overtime’s on clients request (some oral and some written) thinking it will be compensated in the form of comp-offs or paid but unfortunately client didn’t approved it (neither comp off nor paid) citing reason “I tried to get approvals but since project is decommissioned it’s not approved..sorry”

Now when I contact the client they are saying query should come through agency as I am not direct employee of client..

When I contact agency they are saying my Overtime’s was not contractually agreed/approved as most of the things were oral and based on trust and in good faith..

Morally my case is ethical/strong but legally it’s at loose end as I do not have strong evidences of those Overtime’s..

My client manager is very well aware of those Overtime’s but he is not coming in front or picture at all..

So it’s a kind of deadlock/limbo state now..

Any expert inputs / legal advice would be much appreciated and any other alternatives to bring all 3 parties together (client,agency,myself)


Thanks

[WTFH]

1. What does your contract state?
2. Did you discuss it with your agent at the time you were first asked to work a weekend?
3. Do you fill out timesheets for approval? Was the time on them?
4. When you submitted your weekly/monthly invoice to the agent, did you include the extra work?

[SussexSeagull]

Hindsight is a wonderful thing but this should have been checked with the agent first.

[northernladuk]

Looks like we'll never know.

[BlasterBates]

If this wasn't agreed with the agent they will have no legal obligation to recompense you. However there is no harm in asking,

In future overtime has to be agreed and put in the contract, at the very least there should have been a verbal agreement or e-mail from the agent. I suspect probably that the client wouldn't have agreed to it and the PM was overstepping the mark.

Sometimes you can enter into a gentleman's agreement with the PM where he allows you to go home early on one day to compensate for some overtime and then he signs off on a time sheet which state 8 hour days.

I would put this down to experience. Sometimes if it is a good project and you really like working there it's worth doing a few hours just for good will.

[northernladuk]

All the above but the fundamental mistake here sounds like he's not billed it as he worked it. This would have become apparent after one invoice at the worst.

[Old Greg]

Invoice the agency for says worked and start dunning. Make sure you have evidence of days worked.

You've not managed this well to date, but you play the hand you hold.

[patillinganna]

Thanks for your reply..

Please find below my replies inline -->

1. What does your contract state?

Contract states that overtime timesheet needs to be approved by client for payment processing..

2. Did you discuss it with your agent at the time you were first asked to work a weekend?

No,its my bad..i was under impression that client will approve those weekend overtimes as he said he will sort it out with best possible option but at nth hour he rejected it citing reason "sorry since project is decommisioned it was not approved"

3. Do you fill out timesheets for approval? Was the time on them?

Yes i filled the weekend overtimes in timesheet (fieldglass) and it was approved also but when i verified it the system by default takes M-F (5 days / week) as billing period and Sat-Sun as non-billable period but i can see 8 hours for all those 7 days in my fieldglass timesheet..

4. When you submitted your weekly/monthly invoice to the agent, did you include the extra work?

Yes but it was never followed efficiently by my agency with client manager..


any suggestions/inputs going forward would be much appreciated..

can i take the agency and client both to court or any other alternatives to sort this..

latest update :

agency is telling me to ask my legal adviser to contact them and not allowing me to contact client directly..
client hr is not dealing with this professionally and asking me since i am not a permanent employee ,query has to come through my agency..
its a ping-pong situation at the moment and need a very strong legal advice who can help bring all 3 parties together (myself ,agency and client)

Thanks

[WTFH]

Yes but it was never followed efficiently by my agency with client manager..


any suggestions/inputs going forward would be much appreciated..

can i take the agency and client both to court or any other alternatives to sort this..

latest update :

agency is telling me to ask my legal adviser to contact them and not allowing me to contact client directly..
client hr is not dealing with this professionally and asking me since i am not a permanent employee ,query has to come through my agency..
its a ping-pong situation at the moment and need a very strong legal advice who can help bring all 3 parties together (myself ,agency and client)

Thanks

Your issue is with the agent, not the client.
Your contract is with the agent, not the client.
If you are discussing your contract directly with the client, the agent can argue that you are in breach, so be very careful.

So, discuss it with your agent, not the client. The client's HR are dealing with it professionally - you don't have a contract with them, there is nothing they can do to help.
You do not need to bring all three parties together. You need to get together with your agent.

How long has this been going on for? Your initial comment was 20 days over a 2 year period. At any time during those 2 years did you not discuss the payment of overtime with your agent?

[northernladuk]

Your legal representative won't bring the client in to this. As has already been pointed out, you do not have any contractual relationship with your client. You focus is to get the money out of the agency. If they are found liable then then it will be their responsibility to go get it off the client.

What you need to do is invoice the agency for it and then get an official response, in writing, as to why they believe they don't have to pay. This will be basis of your discussion with the legal company. If you don't know how to do that then you'll have to get guidance from whoever you sign up to but will probably add to the cost.