Expenses NOT included

[Mariebl]

First post on here so go easy on me

This is my second contract.

The job description said travel and lodging paid for.
The contract I signed with the agency said Expenses - as signed off by client.
I get to the client site and it appears the travel and lodging is only paid if you are sent to a different site to work
The agency says the client did not inform them of this and that the rate I am being paid is an inclusive rate.

Has anyone else had experience of this? What do you think my options are?

[SteelyDan]

I get to the client site and it appears the travel and lodging is only paid if you are sent to a different site to work

This is normally how the 'client expense' thing works.

Options are:

a) take it on the chin
b) re-read what your contract says & challenge on that basis
c) ensure you get clarity on your next contract 'terms'
d) quit, if you feel you cannot sustain the level of expenses on the current day rate

[TheFaQQer]

First post on here so go easy on me

This is my second contract.

The job description said travel and lodging paid for.
The contract I signed with the agency said Expenses - as signed off by client.
I get to the client site and it appears the travel and lodging is only paid if you are sent to a different site to work
The agency says the client did not inform them of this and that the rate I am being paid is an inclusive rate.

Has anyone else had experience of this? What do you think my options are?

What EXACTLY does the contract say?

If the contract is ambiguous, then you either take it on the chin, walk, or negotiate with the agency to put it right.

If the contract is clear, then you need to sort it out with the agency. If the agency are unwilling to deal, then you either need to take it or leave.

If the contract says that expenses need to be agreed with the client, and the client won't agree them, then you either walk, negotiate or suck it up.

[TraceRacing]

IMHO the costs associated with you getting to the client site as referenced in the contract are yours. Clientco in theory doesn't care where you live or how long your commute is (and the associated costs).

If however you are required to go to another site (ad hoc / for a few weeks etc) then normally these expenses are paid for by the client. Bear in mind that these expenses may not reflect the costs of the expense incurred (for example they may only pay 25p/mile for mileage but you claim 45p from your Ltd...they may have a £80 limit on accomodation but it costs you £100 etc...)

I suspect that OP has mis-interpreted the contract.

[achilles]

The rate the contractor agreed with the agency to work on a specific client site is an all inclusive rate. If the client then requires the contractor to work at a different location than the one stated in the contract then expenses are payable, if the contractor is out of pocket.

[Wanderer]

Options are:

a) take it on the chin
b) re-read what your contract says & challenge on that basis
c) ensure you get clarity on your next contract 'terms'
d) quit, if you feel you cannot sustain the level of expenses on the current day rate

I say take options A, C and D above.

The contract doesn't sound unreasonable, getting to the client site is done at the contractor's expense. If they want you to work offsite then they may be willing to pay your expenses though I generally don't charge my clients unless it involves overnight accommodation.

[TheFaQQer]

The rate the contractor agreed with the agency to work on a specific client site is an all inclusive rate. If the client then requires the contractor to work at a different location than the one stated in the contract then expenses are payable, if the contractor is out of pocket.

Are you the agent of the contractor in this thread?

Unless you are party to the contract between Mariebl and the agency, I don't understand how you can state what (s)he agreed.

[pimped]

expenses not included

My first post, please be gentle

I have a similar issue. I was led to believe I would receicve expenses and now the pimp is trying to force me to allow my expenses to be subject to many different deductions in the country where I am working.

I have started to read all the information I can find inside the legislation and it appears that

..."Under regulation 24(2) an employment agency or employment business
must not arrange work for a work-seeker (except in situations where they
are given a contract of employment by the hirer) if, in order to take up
that work s/he must live away from home, unless it has taken all
reasonable steps to ensure that (in accordance with regulation 24(3):
(a) suitable accommodation will be available for him/her before s/he
starts work; and
(b) the work-seeker has been informed of details of the accommodation
including any cost to him/her; and suitable arrangements have been
made for him/her to travel to such accommodation.

Taken from "...GUIDANCE ON THE CONDUCT
OF EMPLOYMENT AGENCIES
AND EMPLOYMENT BUSINESSES
REGULATIONS 2003...

So my understanding from the above clause is that .. agreement is reached about expenses or accommodation before worker goes abroad. In my case I was told I would receive expenses. I now expect to receive those expenses since I have already paid for accommodation in reliance upon the information I received before start. I also understand that change to any information regarding such agreement must be in writing. I am not prepared to be ripped off by these pimps.

I will not work with agents again.

Pimped

[pimped]

Expenses not included?

First post on here so go easy on me

This is my second contract.

The job description said travel and lodging paid for.
The contract I signed with the agency said Expenses - as signed off by client.
I get to the client site and it appears the travel and lodging is only paid if you are sent to a different site to work
The agency says the client did not inform them of this and that the rate I am being paid is an inclusive rate.

Has anyone else had experience of this? What do you think my options are?

I have read the above again and it occurs to me that the client may sign off the expenses. I would read this wording as "Client to sign off expenses". This does not state Client "pay" expenses? So my understanding is that client signs off agent pays .

Have you invoiced your expenses?

Link to legislation (go to Section 24) http://www.legislation.gov.uk/uksi/2...lation/24/made

[SueEllen]

So my understanding from the above clause is that .. agreement is reached about expenses or accommodation before worker goes abroad. In my case I was told I would receive expenses. I now expect to receive those expenses since I have already paid for accommodation in reliance upon the information I received before start. I also understand that change to any information regarding such agreement must be in writing. I am not prepared to be ripped off by these pimps.

I will not work with agents again.

Regardless of what you think the clause means do you have it written in the contract that the agency or client will pay the expenses for you?

If not, then you cannot claim them from the agency or client.

Unfortunately agents say a lot of things but the paperwork they give you doesn't always back this up and it's your responsibility to ensure all their claims are put in the documentation as when you question them on it they will refer you back to the paperwork. That's why you should get your contracts checked over particularly when you start as a contractor.

The clause actually says to me that the agency will:
1. Find accommodation for the worker
2. Tell them the cost of the accommodation
3. Make arrangements for them to travel to this accommodation
It does not say that the agency will pay for the accommodation, and it doesn't not say the agency will pay for the cost of travelling to the accommodation.

This part of the regulations looks like it was written to protect workers in agriculture particularly those from overseas, where it was (and probably still is due to people not knowing their rights) common for gang masters to deduct random amounts from the workers pay to cover the cost of housing them and travel to and from farms.

For higher paid freelance workers and contractors it's normal for the day rate to be inclusive of all costs, so even if the agency helps you find the accommodation, directly or indirectly, you have to pay for it. The only time the day rate isn't inclusive of accommodation costs is when you specifically negotiate for the client to find you the accommodation, pay for it and get this information recorded in writing.