Reply to: Hourly rate - client limits 'claimable' hours per day

[SueEllen]

Hey, just because I got the word "rabbit" confused with "deer", and typo'ed "deer" as "dear", then in a weak attempt to cover myself I made up some weird granny story doesn't mean it should be the focus of this thread

...Although it was pretty dumb of me to do that, so I guess I deserve it

There is an edit function which you could have used when you worked out it was the wrong "dear".

[amc88]

Hey, just because I got the word "rabbit" confused with "deer", and typo'ed "deer" as "dear", then in a weak attempt to cover myself I made up some weird granny story doesn't mean it should be the focus of this thread

...Although it was pretty dumb of me to do that, so I guess I deserve it

[SueEllen]

Oh dear...

Yeah he claims he means "old dear" as he hasn't worked out the idiom.

[Sausage Surprise]

All three of us were like dear in headlights. We weren't expecting him to explode like that. We argued our side but he wasn't having it, concluding that we had to work harder and faster to get the work done

After the second or third time he did this, I had enough and called his bluff saying I'll call my agent and let him know. Since then the threats have stopped for all of us. Weird.

Oh dear...

[amc88]

Ah great(!) Hopefully I can get something from them before my contract is up, just for my records really as it's far too late to do anything about it now

I've got my CV prepped and am looking around the job boards. Not confident at all about renewing again. 4 weeks is too long for agents to wait for me so hopefully they'll start biting come July - there's a number of deployment assignments about so hopefully I can win one of them without much time on the bench

[psychocandy]

Not sure but when you mentioned the ACL it reminded me of problems I had with Hays getting it released. They kept saying they can't release it until I signed the contract and I told them I need the ACL and the contract to be reviewed by QDOS before signing anything. They gave me a draft in the end.
QDOS review failed btw

Yep standard Hays bulltulip. I had this with them too. In the end, spoke to regional manager when they refused to release it until after I'd signed.

[SueEllen]

Next time get the role description and the deliverables in the contract.

I've had at most 2 agencies get upset about my insisting on that but if you have a good reviewer they will also ask for this and can even ask the agency on your behalf.

The vast majority of agencies aren't like that though as they realise you and the reviewer are doing the work for them in ensuring things can't be disputed later on.

[Eirikur]

Yeah, is this terminology unique to them?

Not sure but when you mentioned the ACL it reminded me of problems I had with Hays getting it released. They kept saying they can't release it until I signed the contract and I told them I need the ACL and the contract to be reviewed by QDOS before signing anything. They gave me a draft in the end.
QDOS review failed btw

[amc88]

Is your agency Hays by any chance?

Yeah, is this terminology unique to them?

[Eirikur]

Assignment Confirmation Letter

Is your agency Hays by any chance?

[amc88]

You are in a bit of a mess aren't you.

The contract between your company and the agent should state your hourly rate and any restrictions on the hours worked i.e. £5 per hour with a maximum of 8 hours payable in any 24 hour period. It should also list what your deliverables are.

There is no contract between you and the client in any shape or form. In fact the client shouldn't even give you a "job description". Any role description should be in the paperwork the agency gives your company.

I hope you got your contact checked out before signing it.....

MyCo's contract with the Agent doesn't state anything about restrictions on hours worked; it just confirms what my hourly rate is and that I'll get paid weekly in arrears - nothing is stated about maximum, minimum, 'out of hours', etc

Apologies, I received the JD from the agent rather than directly from the client but it wasn't part of the contract I signed and returned to them

The contract makes mention of an 'Assignment Confirmation Letter' which appears to be the document that lists my obligations to the Client. I only have a copy of the Assignment Schedule (confirming the Agent, Client and MyCo's details, the rate, assignment start / end dates and notice period) instead of the ACL that details what I'm actually contracted to DO for the Client. I'll make sure to get a copy of this from future agents before signing anything. I'm embarrassed I didn't ask for this from the Agent. I thought the JD was this. Naivety apparent and lesson learnt

I'm now acutely aware that what I thought I knew about contracting, I don't - so thanks for helping me get on the right track with this

[SueEllen]

The contract I have between my Ltd Co and Agent states an hourly rate and that's how my time sheets are completed, if that helps?

The only document I can dig out with my Client is the job description. As it's renewal time I'm asking about getting the contract re-written to include the stuff my Client wants me to take on, along with a rate increase (with justified reasons rather than 'I can get more elsewhere' - but this is one of them) and I've also asked for a copy of the contract between my Ltd Co and the Client so I can check minimum / maximum hours and everything else that has been said on here

My Co's contract with the Agent doesn't state any of this, just legal stuff like termination rights, rates of pay, intellectual property rights, etc. Nothing about minimum / maximum hours or what my role actually states

You are in a bit of a mess aren't you.

The contract between your company and the agent should state your hourly rate and any restrictions on the hours worked i.e. £5 per hour with a maximum of 8 hours payable in any 24 hour period. It should also list what your deliverables are.

There is no contract between you and the client in any shape or form. In fact the client shouldn't even give you a "job description". Any role description should be in the paperwork the agency gives your company.

I hope you got your contact checked out before signing it.....

[northernladuk]

Contract between LTD and client? How can people contract yet have no clue about what they are doing. Replace BETs with an interview and when anyone says anything as daft as this they are deemed inside IR35. Simple.

[TheCoconutDog]

PWD = Professional Working Day.
YourCo does not have a contract with ClientCo.

[amc88]

OP - so its deffo an hourly rate you're on and not a PWD?
If it was PWD, then its a bit harder to say no to the extra - but you still should.
hourly was popular years ago and most client put a cap on it - to stop contractors claiming 60 hours and blowing the budget.

Sorry, what's PWD?

The contract I have between my Ltd Co and Agent states an hourly rate and that's how my time sheets are completed, if that helps?

The only document I can dig out with my Client is the job description. As it's renewal time I'm asking about getting the contract re-written to include the stuff my Client wants me to take on, along with a rate increase (with justified reasons rather than 'I can get more elsewhere' - but this is one of them) and I've also asked for a copy of the contract between my Ltd Co and the Client so I can check minimum / maximum hours and everything else that has been said on here

My Co's contract with the Agent doesn't state any of this, just legal stuff like termination rights, rates of pay, intellectual property rights, etc. Nothing about minimum / maximum hours or what my role actually states

Thanks for your help so far; this place is very educational