Client only signs timesheets if opted out otherwise no need

[Contreras]

Thanks....

Hmmm. Im guessing there must be a reason why opted out workers have to get client to sign but opted in dont?

Explained above. Why torture yourself with this PC?

Opted out - agency can ask for whatever they like. *

Opted in - the regs dictate.

* although even opted-out does not prohibit a legal claim, but might need to be against the client if they are the one refusing to pay. See links below, esp. the article by Roger Sinclair @ Egos.

[psychocandy]

Thanks....

Hmmm. Im guessing there must be a reason why opted out workers have to get client to sign but opted in dont?

[Andy Hallett]

The Conduct of Employment Agencies and Employment Businesses Regulations 2003

The above post is correct. There is an obligation to pay once the agency has satisfied itself that you have done the hours. We have had these regs for the past 11 years and I can think of one occasion where I have had to override the worksheet system and pay on that basis.

The [electronic] worksheet is the quickest and most efficient way for us to pay contractors.

[Contreras]

Generally, I don't opt out.

Noticed for new gig that timesheet does not need to be signed by end client unless opted out. First thing I thought was ok, less hassle chasing for signature.

Then thinking about, if I'm not opted out then I get the extra protection that the agency has got to pay me even if end client does not. But its IF you have a signed timesheet.

So very clever from agency, if contractor is opted out then get a signature, if not tell them not to bother. Job done - now exactly the same, they don't have a signed timesheet now so can't force payment because they're opted in. Slight risk but well covered off.

Although to be fair, if I thought the agency was about to play funny buggers and I'd ask client to retrospectively sign the timesheets for me. Also, wondering if its worth getting them signed anyway......

And I was wondering why for the first time ever this particular agency had not tried the standard please opt-out crap.

1) It's "it's".

2) No it isn't.

Getting paid

"If you are 'opted-in' an employment business cannot withhold payment to a worker because it has not been paid by the hirer or end client."

"Nor can it refuse payment because the worker has not produced an authenticated timesheet."

"The DTI guidance says if the hirer has not signed the timesheet because it is unhappy with the standard of work, this is a contractual matter to be resolved between the hirer and the employment business. It does not affect the worker's right to be paid."

The biggest sting since IR35? Employment Agency Regulations - the facts and myths for the IT contractor :: Contractor UK

More here
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[psychocandy]

You would have thought. But hey Ho.

I used to have time sheets ok ed by fella in Dublin office on one gig.

[JRCT]

Surely, at some point in the chain - agency pays you, client pays agency - there's going to be some form of authorisation that you worked when you said you did. And a signed timesheet is the easiest and cleanest way to achieve that.

Other than your own moral fibre, what's to stop you taking a day out but not telling the agency?

Saying that, I can't remember the last time my timesheet authoriser worked anywhere near where I did so I'm not sure that they would know if I did that.

[eek]

I do need to do a timesheet but there is no requirement to get it signed unless opted out.

Agreed theres more to it than that but I think this is agencys way of, in their mind, removing one of the risks of contractor not opting out, however, small it may be.

opted in and signature means the agency had to pay you. I would always give them a signed timesheet.

[psychocandy]

Having a timesheet is just the easiest way to prove that you did the work, but that's not the only method that could be used to show that you did the work.

And just because the agent says that you don't need to do a timesheet, that doesn't mean that you can't do one if you want. Personally, I'd get a timesheet signed just in case.

I do need to do a timesheet but there is no requirement to get it signed unless opted out.

Agreed theres more to it than that but I think this is agencys way of, in their mind, removing one of the risks of contractor not opting out, however, small it may be.

[TheFaQQer]

Having a timesheet is just the easiest way to prove that you did the work, but that's not the only method that could be used to show that you did the work.

And just because the agent says that you don't need to do a timesheet, that doesn't mean that you can't do one if you want. Personally, I'd get a timesheet signed just in case.

[psychocandy]

Generally, I don't opt out.

Noticed for new gig that timesheet does not need to be signed by end client unless opted out. First thing I thought was ok, less hassle chasing for signature.

Then thinking about, if I'm not opted out then I get the extra protection that the agency has got to pay me even if end client does not. But its IF you have a signed timesheet.

So very clever from agency, if contractor is opted out then get a signature, if not tell them not to bother. Job done - now exactly the same, they don't have a signed timesheet now so can't force payment because they're opted in. Slight risk but well covered off.

Although to be fair, if I thought the agency was about to play funny buggers and I'd ask client to retrospectively sign the timesheets for me. Also, wondering if its worth getting them signed anyway......

And I was wondering why for the first time ever this particular agency had not tried the standard please opt-out crap.