Contractors' Questions: Am I entitled to a rate rise?

Contractor's Question: I am currently contracting through an IT services company to another large multinational. Last week I discovered that I am being charged out as 'Senior BA' when my contract and negotiated rate is for a 'BA.' Do I have any rights to get my rate increased to Senior BA rate and my contract amended? The multinational asked me to complete additional tasks which are Senior BA - and I accepted and completed them. Should I now speak to the IT company about my rate not reflecting the work, or let it go and chalk it up to inexperience?

Expert's Answer: It seems to me as though you have agreed to do X at price Y; and were asked (and agreed) to do X+A – but did not renegotiate the rate, or question it, at the time.

If X+A is to be ongoing, then it may be worth raising it with the agency. If there comes a point where your contract needs to be renewed or extended, then that too would be a good point to raise it. But as I think you realise, the best moment to raise it has now passed – and that was when you were asked if you would be willing to accept the additional responsibilities.

Finally, and in answer to your specific question, no, you do not have any right to a higher rate. However as explained, you do have a reason to try and negotiate (again). This is probably your only course because it is unlikely that your contract, or schedule, stipulates that your rate will reflect the market rate for the skill/service you provide.

The expert was Roger Sinclair, legal consultant at contractor advisory Egos .

Thursday 17th Jun 2010
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