Contract Error by Agency (advice please)

[welshboyyo]

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[Mordac]

Name the agency (disguise it if you like, e.g. c*mputer f*t*res, comp peo*le etc)
Whatever is in the contract should stand, since it is a legal document. If they've made a mistake, and your approach was to reach a compromise whereby you weren't taking the piss, then the agency won't have a leg to stand on. They'll frighten you into nullifying the contract and signing up to a new one, but you should hold firm.

[TinTin]

Contract terms

If the contract has been signed by both parties, then it is valid. You may find that overtime doesn't kick off necessarily after 7.5 or 8 hrs since a daily rate is normally for anything between 8-10 hrs (again, this may vary). I sense this maybe your 1st contract since you've gone running to Citizens' Advice Bureau (you are running a business in case you don't know, so get some paid professional advice from a solicitor or an accountant rather than a free one from a beardy or lesbo part-time counsellor)

[welshboyyo]

Thanks so far. Firstly not 1st Contract CAB was a quick check that I had fact right. Also i think it will start after 7.5 hrs as they have got week = 37hrs.
Agency is O*ni

[TinTin]

Not quite

A working week is min 37.5 hrs ie 7.5 hrs per day. Not quite sure how you got 37.0 (might be another error). You are pushing your luck if you expect overtime after only 7.5 hrs if you are on a daily rate, but it is up to you and the client who pays the bill. Bear in mind that clock-watching is a permie and not a contractor's strongpoint.

[MarillionFan]

What exactly is your role?

If it's support - then yes you should get overtime. If it's development, then difficult to say why the PM has let you go over. If you're the PM, then you're taking the piss as you spend most of the time at the pub. If you're the IT Director then, hey you're on shares, why would you care?

[welshboyyo]

Lol Thanks

Im the PM and im not trying to take the piss. They gave me a contract specifying a daily rate and 37hr weeks strange but true. This has nothing to do with the company i contract to. Im 1 of their PMs they pay a fixed rate to Omni and i get a percentage of that. Si I have no gripe with the company I carry out the work for just the butt Fuxks that cant put a simple contract together.

[malvolio]

Slightly offf topic to the original question, but if you're the PM and on a day rate, overtime should not be an option, you should figure it into your day rate. A bit of attitude readjustment needed here, perhaps?

Put it this way, if a PM asked me for o/t for a ten hour day, they would get a very short answer (and more likley questions about why is their planning so adrift they need a ten hour day to catch up!). Weekends or overnight, I would consider it, but I don't expect PMs to work hours, I expect PMs to deliver things.

/hobby-horse off

[wendigo100]

37 hour weeks

A working week is min 37.5 hrs ie 7.5 hrs per day. Not quite sure how you got 37.0 (might be another error).

Last year I was on a day-rate where the weekly hours were 37, working at a very large energy company.

In theory it was 7.4 hours per day, but the client timesheets couldn't handle that so everyone put Friday down as a seven-hour day.

[tim123]

. I have no issues with my employer only with the agengy.


Advice Please.

You are probably wrong here. I suspect that you only have an issue with the employer (though I think you mean client).

The agency have no magic pot of money with which to pay you, all they have is what they bill the client for. If the agency are saying that there is no overtime payment that is because they are passing on a rule that the client has made.

Agents may usually be sharks but they don't generally receive money from a client for 'overtime' and refuse to pay it on to you. If they are refusing to pay it, this is because no-one is paying it to them.

You need to establish whether the client pays overtime or not and then decide who is to blame here.