Being bullied by my agent?

[Asspain]

Whist I appreciate the sentiment that they're only talking about 30 mins extra a day, and have sympathy for the questions being asked about whether that's worth making a fuss over, I would also note that:

1. It might only be 30 minutes a day you're talking about this time, but what about next time? If you capitulate now, what are you going to do when/if they use the same trick to try and get you onto the same crap rate as another contractor? Or to extend your hours beyond those contractually agreed again?
   
   
2. Being able to fine-control your working hours is a clear pointer to D&C, and therefore places you at greater risk of coming under IR35 should you ever be audited. For that reason alone, is insisting on a lousy additional 2.5 hours a week of your time worth it to your client given the risk of your being considered a disguised employee down the line?

If it were me in your shoes, I wouldn't comply. The fact is I usually do work extra hours on occasion when I need to in order to get things done. But there's a huge difference between choosing to go an extra mile when you judge it necessary, and being required to do so just because some client HR drone says so.

If any party to the bargain isn't prepared to honour their part of the terms and conditions of the contract under which you've been engaged, then why bother having a contract at all? Bottom line, if they take the pee about small stuff, they'll take the pee on more important issues down the line in my experience.

Uppps sorry, Did I say that the contract is in Ireland? so I dont care about "evil" laws like IR35.
My contract says:

"

STANDARD WORKING COMMITMENT
WEEKLY 37.5
DAILY 7.5

ADDITIONAL HOURS: The completion of the standard weekly working commitment is a pre-requisite to an Additional Hours Claim.... "

Questions:

1. What is the use of the field DAILY=7.5 in this contract if I have to work whatever hours per day because they pay me per day. it should mean something.
2. What is the use of the ADDITIONAL HOURS concept if I have to work whatever hours per day? I mean from when do I have to count the over time? 9 hours, 10, 11? It is non-sense

So I see it clearly: additional hours are the excess of 37.5, because I am doing 40 I should claim or 2.5 extra hours per day or a rate change... what do you think guys? am I crazy?
And yes, I have worked overtime a lot of times, but one thing is to do it in occasions and other thing different is the obligation of doing that every day till the end of the contract....

[kingcook]

Whist I appreciate the sentiment that they're only talking about 30 mins extra a day, and have sympathy for the questions being asked about whether that's worth making a fuss over, I would also note that: <snip>

You must spread some Reputation around before giving it to Gentile again.

[kingcook]

1. What is the use of the field DAILY=7.5 in this contract if I have to work whatever hours per day because they pay me per day. it should mean something.

They are trying it on.

2. What is the use of the ADDITIONAL HOURS concept if I have to work whatever hours per day? I mean from when do I have to count the over time? 9 hours, 10, 11? It is non-sense

Sounds like a Huxley contract (i could be wrong). I bet nothing is mentioned in your contract about the hourly rate should you work over the standard as dictated in the contract.

what do you think guys? am I crazy?

If it were me i'd squeeze the agent a bit on the rate. Let them know it's their mistake for putting 37.5 hours in the contract yet i'm expected to do 40.

It really is your call as to what to do. Anyone can advise you, but it's you who has to live with the consequences.

[Wanderer]

I have signed a contract with AgentX wich says that I have to work 7.5 hours in the client. What happens is that the client obligates me to work 8. My current rate is 300 for 7.5, should I claim the difference? I mean for 8 hours it should be 320. They argued that they invoice per day so it doesnt matter how many hours I work... is this right/true? where is the limit? I mean what if I have to work 12 hours a day? or what if I decide to work only 2?

I will happily work extra hours when I need to but then take a short day later on to even out the total hours worked.

If the agent is telling you that you should be working 8 hours not 7.5 then say to him, "Hang on a minute, let me get a copy of the contract. Ah, here it is now let me see. Hmmm, it says hours per day 7.5. So you want to change that to 8? No trouble, my day rate will increase to 320 to cover the extra hours. Can you send me an amended copy of the contract and I'll sign it and return it to you".

If they won't agree to increase your rate then just laugh at them and tell them to go forth and multiply. Most likely the client is expecting you do to 8 hours but the agency cocked it up and only put 7.5 in the contract and is now trying to slime their way out of it. Don't take any crap from them, tell them you are in business to make money and you don't work for free.

[mudskipper]

How about 8 hours Mon-Thur, and bugger off two hours early on Friday?

[cojak]

They are trying it on.


..........

It really is your call as to what to do. Anyone can advise you, but it's you who has to live with the consequences.

Which may mean not getting an extension on this contract if you refuse or make a big deal out of this.

(Just pointing this out btw...)

[The Spartan]

Surely when the OP has a lunch break it'll add up to 8 hours anyway

[kingcook]

Which may mean not getting an extension on this contract if you refuse or make a big deal out of this.

(Just pointing this out btw...)

Yes - I totally agree. It's all down to the personal circumstances of the OP. Will he be a good boy and do as client/agent says (and maybe get a renewal), or stick to the terms of the contract (and maybe not get a renewal).

[kingcook]

How about 8 hours Mon-Thur, and bugger off two hours early on Friday?

I can see that one going down well for this particular client

[Lewis]

It isn't.

Haven't got the time to dig out articles but a quick Google brought up this..

How to make your contracts IR35-proof | Guides | Freelance Advisor

If the contract specifies exclusivity, simply states x hours per week at y rate on an ongoing basis and requires the Contractor to take whatever work the client throws at them, then this indicates an IR35 failure.

and this Questionnaire: Does My Contract Fall Inside IR35? - The Tax Guide

Questionnaire: Does My Contract Fall Inside IR35?
...

8.Does the contract state specific hours that you will work?
This might include number of days worked, hours at which you will start and finish, and when you can take breaks.
...

Conclusion
If you have answered 'yes' to one or more of these questions, your contract will almost certainly be subject to IR35.

Maybe there is a technical difference between saying 9 - 5:30 and 7.5 hours per day, I don't know, but I have always been under the impression it is better to have no hours stated.

Although as OP is not in UK then it doesn't matter anyway :-)