PWD - interpretation required.

**realityhack** · 30 January 2009, 02:30

Originally posted by CoolerKing View Post

Any hours worked between 3.5 and 7hrs will be paid at ½ the daily rate until the full 7hrs have been completed.

Hmm... I might kick off if I read that. No such T&Cs in day rates here - just an understanding that a working week is min 35 hours max 48 (I think) subject to the directive. In reality nobody cares so long as projects are on time and bases covered.

Maybe I've simply been lucky and landed in gigs with a high degree of autonomy - but I'd take a dim view of nannying like this, it doesn't foster a good working culture, and damages morale/motivation.

Is the client the source of this, or the agency? What's your relationship with the client manager like? Get that contract over to B&C or Qudos pronto btw.

Edit: or should I say - run the situation/email with amended terms past them - IANAL but that sounds like material breach of contract.

**threaded** · 30 January 2009, 04:56

If a client wants PWD I turn it down. From experience it'll be a sweat shop. Especially if they insist on it.

I do time and materials, or deliverables. I'm in business not a BOS.

**Gonzo** · 30 January 2009, 06:48

I never had any issues with the PWD and always exercised significant discretion over my start and finish times.

However, in this case where they are moving from hourly to PWD I would watch out.

Yes, you will get paid significantly less for working a 6 hour followed by an 8 hour shift. Is there any chance that you could perhaps organise your time so that you work two 7 hour shifts instead? Just a thought.

However, I would probably not worry too much. This is probably all bundled in with the rate cut, some management gonk thinks that they have seen the way to get more value out of their contractors, and only see the numbers not the value.

**EternalOptimist** · 30 January 2009, 07:35

I would bite it then swallow and have done in the past. If I did a six and an 8 I would put a 7 and a 7 on my timesheet, if it gets signed, end of problem, if it doesnt and you lose money, THEN you have a problem.

As usual, your relationship with the client is crucial

**FSM with Cheddar** · 30 January 2009, 08:50

Originally posted by EternalOptimist View Post

I would bite it then swallow and have done in the past.

As usual, your relationship with the client is crucial

EO your posts are getting more depraved by the day. I didn't realise people go to such lengths to keep the clientCo happy.

**ratewhore** · 30 January 2009, 09:09

I've had PWD's defined as 7.5 hours and I've had PWD's with no definition (as I have now).

It's really down to your negotiation now. You know your agent, you know your client. If you don't like those terms (and they do seem particularly defined to me), counter them with something else, or simply strike out the bits you don't like, sign and return.

I personally would not accept those terms unless my back was against the wall...

**minestrone** · 30 January 2009, 09:17

Originally posted by CoolerKing View Post

Received email today from Agency that all contractors are being converted to PWD (this a month after a sweeping 15% cut across the board).
If i'm right then the text states that i'll be paid considerably less for doing a 6hr & 8hr over 2 days than I would for 2 * 7hr days........help please.

'Professional Working Day

Professional working day (PWD) means seven hours each working day (i.e. Monday to Friday). The professional working week is normally a 35 hour week, but on notification by ******** to the contractor the professional working week may be extended to up to 40 hours in any week without incurring any overtime charges. Professional working days shall be billed only in units (minimum 7 hours) and half units (minimum 3.5 hours). Half day rate is subject to working a minimum of 3.5 hrs that day. Any hours worked between 3.5 and 7hrs will be paid at ½ the daily rate until the full 7hrs have been completed. Each working day or half working day worked (Monday to Friday) is billable.
Any time spent by the relevant personnel in excess of the 40 hour Professional working week will be charged on an hourly basis at a pro-rated hourly rate of the relevant pay rate as overtime with prior agreement of the hiring manager. '

I think I work in the same place as you. In fact I am positive.

**Drewster** · 30 January 2009, 09:19

Originally posted by minestrone View Post

I think I work in the same place as you. In fact I am positive.

Sockpuppet alert!

**expat** · 30 January 2009, 09:23

As a unilateral modification of the contract, it strikes me as iniquitous, but actually it is what I do. I normally work a "professional day", undefined. I decide how I'm going to work, and take professional care that it is sufficient. Since I work away from home, it's normally longer than anyone would specify; but flexible.

Threaded makes a good point, but in contrast I would say that I am a professional, not a business. I work a professional day, not a business day, i.e. I don't watch the clock.

In fact on my current contract, at the end of the phone interview, I was asked for my hourly rate. I was stumped because I was all ready with a daily rate, and it was too hard to convert to hourly, so I put forward the daily rate: so this time it was by my request!

PWD - interpretation required.