Ambiguity over daily and hourly rates

[ChuckMcquillan]

Hi, newbie here so I've read as much as I can but not found an answer to my query, but please point me to another thread if there's more info elsewhere.

I've just accepted a temp job through an agency (happy to name and shame if it's pertinent) and have set up an account with an umbrella to be paid.

The agent quoted me a day rate of £120 at the outset which I've agreed to and want to ensure I get. The assignment confirmation has now come through and says £15 per hour and the "standard working week is 35 hours, from 9:00 am to 5:00 pm". The £15 comes from £120/8hr. However if - as have some umbrellas calculating a quotation for me - you work out £15x7hr (ie. 7x5days=35hr week), that's only £105 per day.

I'm not sure the rules and regs about standard working week/paid lunch etc. Agent is being unclear over whether it's 7 hours or 8 hours with a paid lunch break, and is now saying "it's based on 35 hours but if you work more you'll get paid for it" which still doesn't answer what happens if I do a standard 9-5 day.

So my questions are:
Is this a standard situation? What have others done?
Is a lunch break 'normally' paid?
With payments being made through an umbrella, do I put on my timesheet just the day rate of £120 as that's been agreed, or an hourly rate for 7 hours as that's quoted? If I need to put an hourly rate, plus I work an extra hour one day, what *is* my hourly rate?
Do I need to get this clarified in writing in order to not get screwed around at a later date?

[psychocandy]

Hi, newbie here so I've read as much as I can but not found an answer to my query, but please point me to another thread if there's more info elsewhere.

I've just accepted a temp job through an agency (happy to name and shame if it's pertinent) and have set up an account with an umbrella to be paid.

The agent quoted me a day rate of £120 at the outset which I've agreed to and want to ensure I get. The assignment confirmation has now come through and says £15 per hour and the "standard working week is 35 hours, from 9:00 am to 5:00 pm". The £15 comes from £120/8hr. However if - as have some umbrellas calculating a quotation for me - you work out £15x7hr (ie. 7x5days=35hr week), that's only £105 per day.

I'm not sure the rules and regs about standard working week/paid lunch etc. Agent is being unclear over whether it's 7 hours or 8 hours with a paid lunch break, and is now saying "it's based on 35 hours but if you work more you'll get paid for it" which still doesn't answer what happens if I do a standard 9-5 day.

So my questions are:
Is this a standard situation? What have others done?
Is a lunch break 'normally' paid?
With payments being made through an umbrella, do I put on my timesheet just the day rate of £120 as that's been agreed, or an hourly rate for 7 hours as that's quoted? If I need to put an hourly rate, plus I work an extra hour one day, what *is* my hourly rate?
Do I need to get this clarified in writing in order to not get screwed around at a later date?

Whatever the contract says, £120 a day or £15/hour is what you'll get. And no pay for lunch.

Sounds like a bit of agent accidental-on-purpose bulltulip with the £120/day. He probably knew all along it was £15/hr and just multiplied by 8 to make it sound more.

Thats well crap rate as well mind. Is it PC migration or something like that?

[TheFaQQer]

Is a lunch break 'normally' paid?

You get paid for the work you do. If you work through your lunch break, then you get paid for it. If not, then you don't.

With payments being made through an umbrella, do I put on my timesheet just the day rate of £120 as that's been agreed, or an hourly rate for 7 hours as that's quoted? If I need to put an hourly rate, plus I work an extra hour one day, what *is* my hourly rate?

You need to ask your umbrella - they are your employer now, so they need to tell you what to do.

Do I need to get this clarified in writing in order to not get screwed around at a later date?

Yes.

[northernladuk]

Is this a temp job or is it a contract for a short period of work. There is a world of difference.

[northernladuk]

You get paid for the work you do. If you work through your lunch break, then you get paid for it. If not, then you don't.

You need to ask your umbrella - they are your employer now, so they need to tell you what to do.

Yes.

Although there is some legal requirment to take a lunch break.

[ChuckMcquillan]

Is this a temp job or is it a contract for a short period of work. There is a world of difference.

I would *say* I'm a temporary worker.

Assignment confirmation email says:
X is starting a contract on Monday 12th of March 2012 at 9 am
Assignment duration (ongoing): initial 4 weeks

I signed the contract which I thought was 2 copies but have just realised they're actually 2 slightly different doc's: One has a title that says "Terms of Assignment of Temporary Workers", the other "Terms of Assignment of Consultants via Limited Company and Self Billing Agreement".

I also signed an Agency document called "Umbrella Company Acknowledgement, Signed By The Temporary Worker".

How else do I tell? (apart from ask the agent to clarify, of course!)

Whatever the contract says, £120 a day or £15/hour is what you'll get. And no pay for lunch.

Sounds like a bit of agent accidental-on-purpose bulltulip with the £120/day. He probably knew all along it was £15/hr and just multiplied by 8 to make it sound more.

Thats well crap rate as well mind. Is it PC migration or something like that?

It's not an IT role, it's marketing. With all due respect, I'm not looking for comment on the rate.

This comes back to my main issue: If you're being quoted a standard working week and an hourly rate, surely the hourly rate must tally with the daily rate - and £120/day and £15/hr doesn't tally, based on a standard working week of 35 hours (7 hour day). £120/day at 7 hours is £17.14/hr. If I did 1 hour overtime, what would I be paid? The lower hourly rate of £15? Shouldn't it be a pro-rata rate calculated from the daily rate? So pro rata of £120/dy for 7 hours is £17.14/hr?

[Scrag Meister]

This needs to be clarified with your agent who should have a better view on what the client is intending.

In my experience, lunches aren't paid. So to get the £120/day you need to be doing 8 hours excluding lunch.

Sounds like the one agent did the valuation and another is talking to you.

Ask your agent to make it crystal clear.

[jmo21]

First, agreeing the daily rate without knowing expected hours is a mistake.

Second, if they advertised £120/ day based on 8 hours/day at £15, when they knew it would actually only be 7 hours/day @ £15, then they have either deliberately misled you (and other applicants) or there has been some confusion along the way.

So the ball is in your court as to what to do. Either demand the full amount, or walk.

Also, 7.5 hours is, I'd say, the most common standard hours per day.

[stek]

First, agreeing the daily rate without knowing expected hours is a mistake.

Second, if they advertised £120/ day based on 8 hours/day at £15, when they knew it would actually only be 7 hours/day @ £15, then they have either deliberately misled you (and other applicants) or there has been some confusion along the way.

So the ball is in your court as to what to do. Either demand the full amount, or walk.

Also, 7.5 hours is, I'd say, the most common standard hours per day.

last few for me have been 35, 37 and now 37.5 with 37.5 being the most common. When I go for roles in Switzerland I find they're almost always 40hr/week so you can never assume.

[ChuckMcquillan]

First, agreeing the daily rate without knowing expected hours is a mistake.

Second, if they advertised £120/ day based on 8 hours/day at £15, when they knew it would actually only be 7 hours/day @ £15, then they have either deliberately misled you (and other applicants) or there has been some confusion along the way.

So the ball is in your court as to what to do. Either demand the full amount, or walk.

Also, 7.5 hours is, I'd say, the most common standard hours per day.

Well the hours seems to be fixed at 9-5/7 hour day/35 hour week, so that's not my issue. I was given the daily rate and hours at the outset, which was fine. The issue now is the fact that the hourly rate doesn't tally to the daily rate.

I'm happy that I can charge the daily rate on any given day where it's a standard 9-5. My issue -apart from overall clarity of daily/hourly rate - is what do I charge on a day where, say, I do an hour overtime (ie. over the 7 hours).