Reply to: Problem with client's timesheet system

[Wanderer]

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.

[AussieDigger]

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

[DeanMadden]

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?

[andrewb]

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.

[Wanderer]

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...

[SueEllen]

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.

[eek]

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.

[norrahe]

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.

Opt out is only valid if it has been signed prior to "introduction" to the client.

What I don't understand is that the agents still insist on you signing it after said introduction, have they not read the regs?

[BolshieBastard]

Did you sign anything saying you were opted out prior to meeting the client (either in person or on the phone). If you did then you are actually opted in and the opt out is invalid.

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.

[eek]

No I didn't sign anything before meeting the client.

The opt out is invalid as I'm sure numerous other threads on here will confirm.

[Ignis Fatuus]

Hi, I'm two weeks into my first contract, my contract is with an agency and am working at the site of a big multinational company. The agency say they only pay invoices when they have a pdf copy of an authorised timesheet through the clients sap system. The problem is it's taken two weeks to first get access to the timesheet system, but I still can't actually book any time in it because they haven't set me up properly and they don't know what codes I need to book against.

The agency pay monthly, so if I don't get the issues sorted out by Wednesday, it will mean another month until my company gets paid. I was discussing this with another contractor at the site, and was shocked to find out he didn't get paid until four months after he started. I'm certainly not willing to wait that long.

I'm certainly going to try to put as much pressure as I can on them to sort it out by Wednesday, but if they don't sort it out then am unsure how to proceed. My initial reaction was "if they don't pay me, I'm not working", but I'm now thinking maybe I should be willing to wait another month and stick it out.

Would welcome any advice.

I've had the same thing, and got the agency to accept my invoice at the end of the month, to be paid in the standard 30 days provided that the timesheet came in within that time. That took the pressure off.

[DeanMadden]

Did you sign anything saying you were opted out prior to meeting the client (either in person or on the phone). If you did then you are actually opted in and the opt out is invalid.

No I didn't sign anything before meeting the client.

[eek]

Yes I'm afraid the contract does state that I've opted out. Well I guess I've learnt my lesson early on in my contracting career!

The people I'm dealing with are as eager to sort out the timesheet problems as me, but the people who need to sort it out are somewhere in an Eastern European department who we can only contact via a Bangalore call centre. So I expect it to drag out.

Did you sign anything saying you were opted out prior to meeting the client (either in person or on the phone). If you did then you are actually opted in and the opt out is invalid.

[DeanMadden]

Yes I'm afraid the contract does state that I've opted out. Well I guess I've learnt my lesson early on in my contracting career!

The people I'm dealing with are as eager to sort out the timesheet problems as me, but the people who need to sort it out are somewhere in an Eastern European department who we can only contact via a Bangalore call centre. So I expect it to drag out.

[Wanderer]

Hi, I'm two weeks into my first contract, my contract is with an agency and am working at the site of a big multinational company. The agency say they only pay invoices when they have a pdf copy of an authorised timesheet through the clients sap system. The problem is it's taken two weeks to first get access to the timesheet system, but I still can't actually book any time in it because they haven't set me up properly and they don't know what codes I need to book against.

Ahh, you know that opt out they were so keen for you to sign, you didn't sign it did you?

If you didn't sign the opt out then just invoice them without any timesheet and tell them you will forward the timesheet as soon as the client makes it available but that's now the agencies tough tulip, not yours so make it plain that they will either pay on time or pay interest and penalties.

I'm certainly going to try to put as much pressure as I can on them to sort it out by Wednesday, but if they don't sort it out then am unsure how to proceed. My initial reaction was "if they don't pay me, I'm not working", but I'm now thinking maybe I should be willing to wait another month and stick it out.

Regardless of your opt in/out status, definitely do that. Talk to the client first thing Monday and get them to sort it out. Don't take no for an answer, timesheets are pretty much as good as cash in the bank, if they are not approving them then you aren't getting your money. Also get the agency on the case and ask them to push it from their end, though if they have an opt out then they will just shrug and tell you it's your problem.