Daily rate - attitude to hours worked etc

[northernladuk]

I think I'm on two week notice so they gotta pay me for two more weeks at least!!!)

Wrong. You are in contract for that period but you get paid for work you do. if they tell you there is no work they are not always obliged to pay you. Notice periods in contracts are a waste of time. If the client honours it then fine. If he decides not to you are buggered.

[psychocandy]

Wrong. You are in contract for that period but you get paid for work you do. if they tell you there is no work they are not always obliged to pay you. Notice periods in contracts are a waste of time. If the client honours it then fine. If he decides not to you are buggered.

I thought the agency were obliged to pay you (as long as you havent opted out)?

[rd409]

I thought the agency were obliged to pay you (as long as you havent opted out)?

This is one of the IR35 pillars. Mutuality of Obligation. The client does not have to provide you with work, just because you have a contract. If you dont have work, they dont have to pay you. Usually the client signs off the timesheet for the notice period, but they can refuse to sign it as well.

The agency has to pay you for signed worksheet or work that you have done (you have to prove that you did the work or were on client site) irrespective of whether they get paid by the client or not, if you are opted in. But if the client refuses to sign the timesheet, or if you cannot prove that you were on client site and did some work, the agency does not have to pay you anything even if you are opted in.

[psychocandy]

This is one of the IR35 pillars. Mutuality of Obligation. The client does not have to provide you with work, just because you have a contract. If you dont have work, they dont have to pay you. Usually the client signs off the timesheet for the notice period, but they can refuse to sign it as well.

The agency has to pay you for signed worksheet or work that you have done (you have to prove that you did the work or were on client site) irrespective of whether they get paid by the client or not, if you are opted in. But if the client refuses to sign the timesheet, or if you cannot prove that you were on client site and did some work, the agency does not have to pay you anything even if you are opted in.

I see what you mean. Is the 'or on client site' important? Surely it makes a difference if you turn up for work but they aint got any? Unless of course they tell you not to show up.

[rd409]

I see what you mean. Is the 'or on client site' important? Surely it makes a difference if you turn up for work but they aint got any? Unless of course they tell you not to show up.

On client site is important. If you are at client site, sitting on a desk without any work, but the client has not given you marching orders, then you can/should invoice the client for the time of yours spent at client site. If the client gives you a notice of termination, and say they cannot offer you any work then you risk getting no payments at all for the notice period.

Having said that, most of the reputable organisations pay up for the notice period, even if they want you not to turn up at the site. I would just make sure, that the time sheets are signed for the notice period before leaving the client site.

[psychocandy]

On client site is important. If you are at client site, sitting on a desk without any work, but the client has not given you marching orders, then you can/should invoice the client for the time of yours spent at client site. If the client gives you a notice of termination, and say they cannot offer you any work then you risk getting no payments at all for the notice period.

Having said that, most of the reputable organisations pay up for the notice period, even if they want you not to turn up at the site. I would just make sure, that the time sheets are signed for the notice period before leaving the client site.

Yeh. I see.

With my client/agency they dont actually sign the timesheets. Timesheets and invoice go off to agency and agency sort out the signing or whatever. Think its done elctronically.

[northernladuk]

Having said that, most of the reputable organisations pay up for the notice period, even if they want you not to turn up at the site. I would just make sure, that the time sheets are signed for the notice period before leaving the client site.

Agreed and lets be fair we haven't seen this happen a lot on the forums. A few posts about clients not signing the last time sheet but no one walked or not paid for no work.

The lesson here is do not assume you have a notice period and that it works as you think it does, even if it is in the contract. If you sit pretty and assume you have a rock solid notice period you will get a nasty surprise at some point. You are a business so have to think like a business. Only permies are allowed to sit their and think their contracts of employment will deliver what they say.

[psychocandy]

Agreed and lets be fair we haven't seen this happen a lot on the forums. A few posts about clients not signing the last time sheet but no one walked or not paid for no work.

The lesson here is do not assume you have a notice period and that it works as you think it does, even if it is in the contract. If you sit pretty and assume you have a rock solid notice period you will get a nasty surprise at some point. You are a business so have to think like a business. Only permies are allowed to sit their and think their contracts of employment will deliver what they say.

OK. Advice taken. Thankls.