Overtime

[kaiser78]

I don't have any overtime clauses in my contract and due to the current state of the project I am working on will require some evenings and weekend work. With my contract up for re-newal I am going to ask for an overtime clause to be added, along lines of 1.5 x weekevening and 2 x weekend.

What sort of argument, if any, would the agent put up to not include this, or would they see this as standard ? Or are the hours worked the hours expected to work being a contractor ?

[SueEllen]

Everything depends on the clients budget.

The agent in theory wouldn't actually mind you getting extra money for overtime as they would be able to charge it as well.

[Jeebo72]

Thing is the client is currently getting these OT hours for free already ... you are doing them...

I've found chatting to the client helps. But you've set a precendent. Are you able to walk away if they don't agree to OT? Do they need you to renew? These are the deciding factors ... best of luck.

[northernladuk]

Define 'some' Is this the odd day, odd evening or a regular thing mounting to a couple of days? Once you have this answer you have a much clearer decision to make.

Remember overtime would insinuate you are working to fixed times dictated by the customer. Not very good for IR35 surely? Work it and take days in lieu to make you more IR 35 friendly?

The keyword here is also contract renewal as well. Bit of goodwill may pay dividends?

Now I can appreciate people feel that this extra time is worth 1.5 and 2x wage but
a) this is a permie concept and assumed values. You are a contractor, if its not in your contract in theory you have nothing. I wouldn't assume the rates that permies get for a start. If you do then 1.25 and 1.5 are not uncommon either.
b) You are an incredibly expensive resource as it is but I would certainly not write off billing at normal rate as an option so close to renewal and in the current climate.

I think you will find that opinions vary greatly. Some will bill every second if they could where others wouldn't be greedy so as not to rock the boat. I am certainly the latter.

Bottom line I think a sit down with the client is in order. You will most certainly have to get his approval to work overtime or spend anything over budget so throw the question in the same discussion? If it's delicate ask him what he wants to do rather than force something on him? Above all don't be greedy and alienate yourself over a few days OT and spoil all the good work you have done todate.

[BolshieBastard]

Overtime is for permies, FFS!

[TheFaQQer]

Remember overtime would insinuate you are working to fixed times dictated by the customer. Not very good for IR35 surely? Work it and take days in lieu to make you more IR 35 friendly?

The only way that overtime would impact an IR35 status should be if the client is making you work those hours, thereby exercising direction and control.

Even then, if the rest of the working situation is outside IR35, I wouldn't expect that working additional hours impacts your IR35 status one way or another.

[northernladuk]

Even then, if the rest of the working situation is outside IR35, I wouldn't expect that working additional hours impacts your IR35 status one way or another.

Hmm interesting. I would have thought just the word itself is insinuating your working to a customers fixed timescales and not the flexible ones that a consultancy type contract would offer. The fact you are adhearing to these times and attempting to bill them the same factors the permies do would start to raise a flag to you filling a permie position which puts you well in the crosshairs.

The get out clause in your argument is that you have assumed 'if the rest of the working situation is outside IR35'. Your right but we don't know this. I was just throwing up a warning flag that this does't look good. Keep it in mind if other aspects of the job are not outside while considering what the OP should do next.

[d000hg]

If you word your contract to have a rate table, and it clearly lists premium rates at certain times, that should be fine. If you are actually wording it as overtime that's not so smart.

[JoJoGabor]

I dont think it would affect your IR35 status, most consultancies will bill their clients at double time after 6pm and triple time at weekends