Onboarding billable?

[sreed]

I've just started a new contract. The start date was agreed 3 weeks before and all onboarding information was provided within 24hrs of the agency requesting it.

The contract has a start date on x, the end client only managed to supply a laptop and login ID on y, this is after me chasing the agency on a daily basis. (difference between the two is nine working days)

Agency is saying they'll only pay me for days after y, but there is no mention of unpaid onboarding in their contract.

Thoughts?

I had similar with my previous client (PS dept) who would mail out the laptop only on day 1 on the contract. Delivery was delayed due to weather so I only got it on day 4. Billed and paid from day 1.

Of course, that’s the govt with access to the taxpayer magic-money tree so might not apply to a smaller private sector firm. And there’s not a lot of scope for you to force the issue I suppose.

Having said that, if the client was a large bank, your remote contract started on x date and they delayed sending out equipment, I wouldn’t really expect them to fight paying you for those days.

[b0redom]

I literally just had this happen to me. No device for 3 working days after the contract started. I offered to provide my own kit, but was told that due to security I wasn't allowed to connect. I was then given a locked down windows laptop with no tools installed to do UNIX/Cloud devops.

4 weeks on and I've finally been given a suitable device. I have billed from day one. This is an inside role, and if I'd have had to fight, I'd have suggested that MoO applied. This was a public sector role though and they rolled over quite easily.

[JustKeepSwimming]

Having slept on it.

I'm not sure anymore. I wouldn't approve the timesheets still, I would argue if they are to be approved it should be against a central pot.

However a permie would 100% get paid. If the contract start date covered those 9 days then you ought to be paid. If the system went down for half a day I would still expect that half day to be paid. I still got paid when the office was closed due to no water for example.

So im leaning towards you should be paid for them, put it's potentially fighting the client to pay them. I would speak to my manager and ask for their guidance, best case they will just say 'just submit them'. Agency isn't going to keep the money.

[Cookielove]

Last year I started a role and only a couple of weeks in they had a cyber attack...didn't get paid my boss told me to logoff and we didn't get paid for 10 days while it was being fixed.

Perm's got paid obviously and agency thought we should be paid but not a bean....client/my manager was a micro managing twat so as soon as system/files not available he refused to pay contractors as he said we were not doing anything...

Difficult to know depends on your manager I guess...

[malvolio]

Last year I started a role and only a couple of weeks in they had a cyber attack...didn't get paid my boss told me to logoff and we didn't get paid for 10 days while it was being fixed.

Perm's got paid obviously and agency thought we should be paid but not a bean....client/my manager was a micro managing twat so as soon as system/files not available he refused to pay contractors as he said we were not doing anything...

Difficult to know depends on your manager I guess...

Not difficult at all. Permies are paid from revenue and are an overhead cost whether they are working or not. Contractors are paid from project budgets, which are finite. No budget holder would countenance paying someone to sit there and do nothing, eroding their margins.

There is a fundamental point at issue here. Permies are paid to be available. Contractors are paid too deliver. I totally fail to see how you can apply that and say a contractor should be paid for doing nothing. After 20-odd years of IR35 and arguments over the definition of a contractor why is this even a question?

[northernladuk]

Last year I started a role and only a couple of weeks in they had a cyber attack...didn't get paid my boss told me to logoff and we didn't get paid for 10 days while it was being fixed.

Oh, got some good IR35 defence there then. Standard contractors stuff, didn't work, don't get paid. It's in the contract in black and white. Same for xmas furlough periods. It's what we are about.

Perm's got paid obviously and agency thought we should be paid but not a bean....client/my manager was a micro managing twat so as soon as system/files not available he refused to pay contractors as he said we were not doing anything...

Difficult to know depends on your manager I guess...

Agency only thought you should get paid because they wanted their money. They should know better as it's their contract that says no work no pay. You client/manager has it absolutely spot on. Expensive resources paid to do work don't do work so he doesn't pay. Nothing wrong with that. It's basic contracting.

[Cookielove]

I was posting it as an example as the OP was asking if he should be paid but isn't actually working fpr the client..agency wanted us to be paid as commission for them yes and to stop us going elsewhere as it could have gone on much longer....and market was v buoyant back then and jobs aplenty not like now

[heathen666]

A quick update and a surprising outcome.

I did send an email to my agency about billing for the first 9 days. They initially said no so I let it lie until I got my feet under the desk. I didn't really want to rock the boat to be honest.

Last week I had a catch up call with the agency, and they've agreed to paying me for these days but want it spread over the next few months starting with the 3 days in between Christmas and New Year. 👍

[northernladuk]

A quick update and a surprising outcome.

I did send an email to my agency about billing for the first 9 days. They initially said no so I let it lie until I got my feet under the desk. I didn't really want to rock the boat to be honest.

Last week I had a catch up call with the agency, and they've agreed to paying me for these days but want it spread over the next few months starting with the 3 days in between Christmas and New Year. 👍

So the agent is ninja billing the client on the sly to get their commission through the back door then. The offshoot is you get paid as well but be under no illusion the agent is only doing this or themselves. I'll bet the client doesn't know. I'd be a tad nervous about this.

[hobnob]

Last week I had a catch up call with the agency, and they've agreed to paying me for these days but want it spread over the next few months starting with the 3 days in between Christmas and New Year. 👍

Thinking about what NLUK said, how is this going to work? E.g. will you need to submit a timesheet for those 3 days and get the client to approve it?