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Problem with client's timesheet system

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    #11
    Originally posted by BolshieBastard View Post
    As a point of interest, when you say sign any opt out prior to 'meeting' the client, does this mean when the agent sends your cv to the client or F2F at interview?

    Just curious.
    I think F2F or telephone interview is the valid test. prior to sending CV would be rather harder to prove as you don't know when that CV was sent.
    merely at clientco for the entertainment

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      #12
      Originally posted by norrahe View Post

      What I don't understand is that the agents still insist on you signing it after said introduction, have they not read the regs?
      Many agents who are members of REC who use standard contracts believe that because the regulations say "introduction and supply" and because you haven't been supplied you can still sign the opt-out.

      The regulations are actually badly written and they need to be tested in a higher court before anything conclusive can be said.

      What I've noticed is agents who provide good contracts don't tend to chase you for the opt-out as they know that the contract they provide is water-tight both to you and the client.

      If the contract is good not signing the opt-out just means that the restrain of trade clauses don't apply. However if the agent has got the client to sign one that states they can't use you direct for a period of 6 months regardless of the regulations the client is unlikely to.
      "You’re just a bad memory who doesn’t know when to go away" JR

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        #13
        Originally posted by SueEllen View Post
        if the agent has got the client to sign one that states they can't use you direct for a period of 6 months regardless of the regulations the client is unlikely to.
        The agency regulations regulate both sides of the agreement so if the worker doesn't opt out then the agency can't enforce a restraint of trade in their contract with the client. Not to say that they won't try and bluff it though...
        Free advice and opinions - refunds are available if you are not 100% satisfied.

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          #14
          Originally posted by DeanMadden View Post
          The people I'm dealing with are as eager to sort out the timesheet problems as me,
          If your contact at the client is keen to sort it out then would they be able to sign a paper timesheet while you're waiting for the electronic system to get set up? Then you can wave this at the agency.

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            #15
            Well it's Wednesday and I still can't record my time due to 'technical problems' with setting my access up. I asked the agency if they would accept a paper timesheet or anything else and they said no. They have said they will look into whether they can give me an 'advance' until the timesheet system is working. If this works out then I presume I can just treat this as a normal payment?

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              #16
              The two things are really separate - client timesheets and your time sheets/invoices.

              I generate a timesheet for my Ltd co to go with my invoice regardless of whether i do one for the client or not (some don't have anything so accept mine). in doing so I timesheet to my company as an employee and can invoice agencies regardless of their issues with timesheets.

              Besides that, the agency can't tie your payment of your invoices to their payment from the client. I'd certainly not be dumb enough to wait 4 months for payment.


              Your other way to go is just do an email version or paper copy and scan it regardless of their SAP system

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                #17
                Originally posted by AussieDigger View Post
                the agency can't tie your payment of your invoices to their payment from the client.
                They can and will do this if you opt out of the agency regulations.
                Free advice and opinions - refunds are available if you are not 100% satisfied.

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