Misled over contract hours - what can I do?

[ianlittlejohn]

With PC on this one.

If he contracted to 3 days at day rate, then the hours are immaterial.

Blaster has also hit the nail on the head, explain the issue to the agent and let THEM come to a compromise with the client.

If they do manage to sort it, INSIST ON A NEW CONTRACT... AND READ IT!!!

[cojak]

I see. I guess generally when you go for training the actual time spent in classroom is about 6 hours with breaks/lunch etc.

Bit tight of client to pay hourly and then screw it down to these minimum hours IMHO.

Bingo...

[psychocandy]

Day rates stop this kind of shennanigans from happening PC. It's quite normal for training contracts to be less than 5 days a week, but I have heard of some clients (and it is the clients in my experience) who try to squeeze the last penny (and more) from contractors and this is the way to do it. They are hoping that the contractor doesn't 'down tools' once the day's allocated hours have been hit and will therefore get 5 days work for the price of three...

I see. I guess generally when you go for training the actual time spent in classroom is about 6 hours with breaks/lunch etc.

Bit tight of client to pay hourly and then screw it down to these minimum hours IMHO.

[cojak]

But if OP was on a day rate then its still 3 days but only 18 hours now instead of 27 so result!

So it sounds like its hourly rate and OP is only getting 18 now not the expected 27. Still don;t understand why this wouldnt be in the contract....

Day rates stop this kind of shennanigans from happening PC. It's quite normal for training contracts to be less than 5 days a week, but I have heard of some clients (and it is the clients in my experience) who try to squeeze the last penny (and more) from contractors and this is the way to do it. They are hoping that the contractor doesn't 'down tools' once the day's allocated hours have been hit and will therefore get 5 days work for the price of three...

[psychocandy]

What does your contract say? Did you understand the contract before you signed it?

I guess you didn't get it checked over by a specialist first.

Basically you should be on a day rate for training and the if the client gives you different information from what you agreed, you can tell the agent what you've told us - you can't afford this contract on the changed terms so you're not turning up on Monday.

As for rights and lawyers, you should have done your due diligence BEFORE signing the contract.

You're in business on your own now, you're responsible for how you operate and deal with agents and clients.

But if OP was on a day rate then its still 3 days but only 18 hours now instead of 27 so result!

So it sounds like its hourly rate and OP is only getting 18 now not the expected 27. Still don;t understand why this wouldnt be in the contract....

[SussexSeagull]

Misled over contract hours - what can I do?

Are we as contractors in the wrong for exploiting a naive Client who doesn't plan properly for a project?

People are too quick to blame agents, but the long and short of it is its either an unread contract or a agent trying to chance his arm, no offence but I know which my money is on from a newbie contractor

As I said, check what is on the contract first.

[SimonMac]

Alternatively, check what is on your contract and inform the client you are working towards those hours.

Up to them if they want to keep you on or not.

Are we as contractors in the wrong for exploiting a naive Client who doesn't plan properly for a project?

People are too quick to blame agents, but the long and short of it is its either an unread contract or a agent trying to chance his arm, no offence but I know which my money is on from a newbie contractor

[northernladuk]

Don't walk from this - run! Sure they won't pay you - but who cares?

Absolutely the least professional arrangement I've ever heard of!! The agent / client needs to be named and shamed here.

Really? And naming and shaming is professional how? We gotta hope that agents don't start naming and shaming people that have let them down.

[SussexSeagull]

Misled over contract hours - what can I do?

Alternatively, check what is on your contract and inform the client you are working towards those hours.

Up to them if they want to keep you on or not.

[herman_g]

Don't walk from this - run! Sure they won't pay you - but who cares?

Absolutely the least professional arrangement I've ever heard of!! The agent / client needs to be named and shamed here.

[BlasterBates]

Don´t panic.

Ring up the agent and tell him, if the agent is difficult then talk with the client. Basically just tell them your rate i.e. the original amount based on 27 hours and tell them either they pay that or you´re leaving. Whatever has been agreed verbally is as legally binding as anything you´ve signed. The fact that they then put in writing something else and you overlooked it doesn´t change that in my opinion. It would be very unprofessional indeed to agree a rate and then change it in your written contract without verbally telling you. In other words the fact that you are now cancelling your contract would be perfectly acceptable.

Don´t see a problem, no-one is going to sue you, the worst case is they don´t pay you for the days you´ve worked.

[Wanderer]

(a) The information supplied to me on my hours by the recruitment agancy was INCORRECT.

Was it in writing? Oh. It wasn't.

Hard lesson is that if it's not in writing then you don't have a leg to stand on because they will promise you the world and deny it all later on.

Just look for a new contract and then walk away from this one.

[cojak]

What does your contract say? Did you understand the contract before you signed it?

I guess you didn't get it checked over by a specialist first.

Basically you should be on a day rate for training and the if the client gives you different information from what you agreed, you can tell the agent what you've told us - you can't afford this contract on the changed terms so you're not turning up on Monday.

As for rights and lawyers, you should have done your due diligence BEFORE signing the contract.

You're in business on your own now, you're responsible for how you operate and deal with agents and clients.

[Anubis]

What does your contract state? This is what is important and if you signed it.

Agencies tend to say anything to get a position filed; it is up to you to negotiate and understand the business requirements, location and hours, etc.

If you've signed / agreed to the contract terms then you may have to consider leaving the role if you are not happy. I would professionally explain the situation to the line manager (client) and say you do not want to let them down but it isn't what you agreed with the agencies. They may or may not have a word with them and come to a compromise.

In the end though, you really should READ what you are agreeing to before doing anything. Lesson learnt the hard way...

[craigoss]

Hi,

I am new to contracting and recently (less than 4 weeks) agreed to accept a training contract about £200 miles away from home.

I was told by the agency that it would be 27 hours a week (over 3 days), which was worth doing at the contract rate.
However when I arrived at the training establishment, I was told by the manager that it was 18 hours per week (6 per day).

Once the payroll company that the agency is linked with takes their cut, I think I am basically going to be litle better than minumum wage, whilst been away most of the week (once travel factored in).

The bottom line is:

(a) The information supplied to me on my hours by the recruitment agancy was INCORRECT.

(b) I cannot afford to work for these wages / hours.

What are my rights? / should I leave? / Get a lawyer involved?

I cannot go six months on this pay level / hours.

Thanks for any help.