Agent/Client not paying overtime

**TheFaQQer** · 22 May 2012, 10:33

What does the contract say regarding time worked? Are you on an hourly rate? Are the hours specified in the contract? Is there a clause which allows you to bill overtime? Conversely, is there anything which prevents them from paying you overtime?

Without seeing the contract, or the clauses in there, then we're into the realms of guesswork.

If you have done the work, and are opted into the agency regulations, then the agency must pay you as long as you did the work - whether they get the money from the client or not is neither here nor there.

However, if there is something which says "8 hour day, additional hours to be agreed in writing with the project manager in advance" and you didn't do that, then I would suggest that your chances of getting unauthorised overtime paid are slim. If you are on a daily rate and did not get the extra time agreed in advance, then these chances become anorexic.

**malvolio** · 22 May 2012, 10:36

Originally posted by gamble1234 View Post

I have a number of invoices unpaid for my last contract as they include overtime days. My timesheets have never been signed, time has always been booked into the clients timesheet system and timesheets printed and sent with invoice to the agent and the invoice has been paid.

Now the client is refusing to pay the agent the invoiced amounts for the last invoices as they are not authorising the overtime and furthermore they have calculated the normal days worked for the claimed period and have deducted ALL of the overtime worked to date (including those which they have paid already) and requesting for invoice only for those days.

I find this unacceptable. I am opted-in to the agency regulations and I am in the process of seeking currently seeking legal advice but would appreciate your thoughts on best course of action.

Thanks

How many more times....

What does your contract say? Are you on hourly or daily rates, is there a stated number of hours a week, is there an agreed uplift for overtime rates, is there a pre-approval process in place... And I don't care about their time recording systems, they're for project management, not payments.

Teh agency regs don't matter a damn either, they are irrelevant here. These are basic questions that don't require legal advice. If it's not in your contract it doesn't exist. If it is, then you have a case and should use the Late Payments legislation.

**TheFaQQer** · 22 May 2012, 10:39

Originally posted by malvolio View Post

What does your contract say? Are you on hourly or daily rates, is there a stated number of hours a week, is there an agreed uplift for overtime rates, is there a pre-approval process in place...

There's an echo in here....

in here...

in here...

**northernladuk** · 22 May 2012, 10:44

Overtime is for permies anyway....

<Ducks and runs>

**BolshieBastard** · 22 May 2012, 10:52

Originally posted by northernladuk View Post

Overtime is for permies anyway....

<Ducks and runs>

This man gets my vote!

**cojak** · 22 May 2012, 10:54

WTS.

Have you got an agreement in writing between you and the client about this - an email, even? (Agreement between you and the agency doesn't count - they'll agree to anything if it means you sign the contract and start working.)

If you haven't then you're probably stuffed as you have no proof.

**malvolio** · 22 May 2012, 11:32

Originally posted by TheFaQQer View Post

There's an echo in here....

in here...

in here...

More likely a slow typist being interrupted by the dog wanting to be let out...

**psychocandy** · 22 May 2012, 12:49

Agree with what everyone has said.

In my experience, client generally does not want to pay ANY overtime so I've you've not got the OK from them in advance they wont pay it. But it does depend on what contract says.

With my current client, its amazing how many emergencies on a friday requiring this to be sorted by monday seem to disappear when I mention I can work the weekend if someone authorises it. They seem to try to get it for free for a bit (although as mentioned before there is a contractor here who does work for free at weekends if asked!!!!

**GB9** · 22 May 2012, 13:59

Disagree

I disagree with most of the above.

If the agency and by the sound of it the client has been paying for some period of time, then it seems reasonable for you to believe that overtime is approved.

Even if not, they are not in a position to try and take back monies like that. The most they can do is refuse to pay your latest invoice overtime which you may have to give up as a bad job depending on what the contract says etc. If the agency / client is refusing to pay the non-overtime days then sue. There is nothing to stop you suing both agency and client.

A lot of law is based upon what has actually happened. Most contracts can be taken to pieces.

Agent/Client not paying overtime