Contract work query payment

[sully]

Hi all,

i am in my first contract and worked over a weekend ie 4 hrs on a saturday and another 5 hours the following saturday. but the place i am working are refusing to pay for the 2 days and at most will only pay per hour prorata of my daily charge. can they do this? here is what is said in my contract provided by the agency that i went through see below.. I maintained that as i am to be paid a daily rate that means that i get paid the same amount even for ppart days at the weekend.


3. CONTRACTOR’S OBLIGATIONS

(i) During the period of this Agreement the Contractor is retained on a non-exclusive (“when needed”) basis to provide the Services to the Client for up to eight hours during each day of the term of the Agreement at such times and at such locations as the Client and the Contractor shall agree from time to time


4. FEE

The Consultancy shall during the term of this Agreement pay the Contractor a daily fee of €*** per day worked by the Contractor with the Client together with Value Added Tax at the appropriate rate in twelve equal monthly instalments payable monthly in arrears to be paid upon the presentation of a VAT Invoice, and original time sheet duly signed by the Client PROVIDED ALWAYS for the avoidance of doubt the Contractor shall be responsible for all travelling and other expenses incurred by it in the performance of its duties.

 

[galway008]

Looks like they have broken the contract, I regularly work Sat/Sun and regardless of the number of hours worked they pay. Altough I occassionally do more than the usually number of hours.

You could start refusing to do it.

 

[dubinamerica]

"the place i am working are refusing to pay for the 2 days and at most will only pay per hour prorata of my daily charge. "
I'm confused on this - so they are willing to pay for the hours that you worked ? isn't this what you would expect - paid by the hour instead of being paid for a full day when you worked 4 or 5 hours ? Is there any reference in your contract regarding to extra pay if it's outside the regular 40 hour week or does it specifically state the hourly rate ? I know with my contract the hours outside of the regular working week would have been paid at the same rate.

 

[kitm]

I know with my contract the hours outside of the regular working week would have been paid at the same rate.

I second this. And I think that unless overtime terms are stated explicitly in the contract, its up to the contractor to ensure that the terms are agreed/understood by the client (and agency) before working extra.
I've had cases where i was
- paid a daily rate, found myself working 10hr days for no extra.
- paid an hourly rate via an agency. Asked to work weekends, and i agreed on basis that i would bill for a minimum of 4hrs (in case it turned out there was no work to be done whe i turn up).
- paid a daily rate. Workload increased, eventually asked to work weekends. Agreed to be paid an normal rate, and to be paid for additional hours worked (early mornings/late nights).

(The client/agency/contractor relationship can complicate it a little - the client may have to pay a premium to the agency for hours worked over 40pw. Sometimes a verbal agreement for time in lieu with a few extra hours thrown in can be to everyone's advantage).
I think you just have to take the hit on this one, and make sure you negotiate on the next occasion.