Hourly rate - client limits 'claimable' hours per day

[amc88]

Hi everyone,

Just wondering about this. I'm on an hourly rate and my client prevents me from claiming any more than 8 hours a day. Roughly four months ago, the workload has increased enough so that I, another contractor and an intern (all through the same agency as myself) have to work through our lunch hours in order to meet the week's targets

When I started putting in 9 hour days (standard 8 hour day plus 1 for working through lunch) on my weekly time sheet, these were declined and I was verbally told to only put 8 hours in even if I choose to work through my lunch - the client's reason for this is that his boss will ask him why there's an increase in his contractor budget and he doesn't want to have that kind of conversation with him

I'm happy to choose not to work through lunch. I understand it's my decision to do so in order to get the work done, however when proving a point to the client by taking our lunch each day, those 15 man hours over the week meant we missed a couple of targets - and because we missed those targets we were all taken into a meeting room and threatened with our jobs

So it falls back to us having to work through our lunches, starting early and leaving late to get everything done each week but being limited to only claim for 8 hours per day

With this in mind, my question is; can the client refuse to pay us the extra hours we work, or threaten us with our jobs if we do only work those 8 hours we can get paid for, and miss targets because the workload vs headcount is off?

[northernladuk]

IMO your client pays you so he is in a position to dictate your hours. What does it say your contract by the way?

If he is dictating your hours but is complaining the targets are not being met you have to focus on demonstrating you have done all that you can within those hours. All clients will push for more so can't really knock them for that but if you can clearly evidence the situation he won't be able to do anything but bluster. Don't give him an opportunity to argue anything. These are the hours I worked, this is what was done and this was what wasn't done due to time limitations. Leave him to then make the decision on where the problem is and fix it. If you have clearly demonstrated you've done your best in the dictated hours he would be bloody stupid to walk you as that means nothing is done.

[jamesbrown]

It sounds as though there's a very strong element of D&C here, with weekly targets and mandated working hours, and you seem to adopt the attitude of a permie, so I hope you're factoring IR35 appropriately. That said, you should only do what's written in your contract, nothing more. If you're being asked to do something that isn't in your contract, you can point to this inconsistency and invoke a termination clause. If your contract is poorly written and doesn't include specific deliverables, timeframes and billing for additional hours, there isn't much you can do now; just consider this properly next time.

For now, you'll need to document what you've done in the hours available and let them argue over the adequacy of that w/r to the contract but, crucially, you need to start thinking like a contractor and not like a temp employee; you don't have a "job", you have a contract to fulfill and you should stick to the letter of it, without getting pushed in other directions (which implies that you should pay closer attention to the substance of the contract when it's agreed).

[jmo21]

If he is dictating your hours but is complaining the targets are not being met you have to focus on demonstrating you have done all that you can within those hours. All clients will push for more so can't really knock them for that but if you can clearly evidence the situation he won't be able to do anything but bluster. Don't give him an opportunity to argue anything. These are the hours I worked, this is what was done and this was what wasn't done due to time limitations. Leave him to then make the decision on where the problem is and fix it. If you have clearly demonstrated you've done your best in the dictated hours he would be bloody stupid to walk you as that means nothing is done.

WHS

I understand it's my decision to do so in order to get the work done, however when proving a point to the client by taking our lunch each day, those 15 man hours over the week meant we missed a couple of targets - and because we missed those targets we were all taken into a meeting room and threatened with our jobs

Oh yeah? and what did you say in response?

I don't mind the odd extended day here and there when a deadline comes along, or I have messed something up, but an expectation that you'll just keep working to some management mandated time or output level is nonsense.

[northernladuk]

Ticktock will be along to correct a word there... Lol

[SueEllen]

With this in mind, my question is; can the client refuse to pay us the extra hours we work, or threaten us with our jobs if we do only work those 8 hours we can get paid for, and miss targets because the workload vs headcount is off?

If a client threats your contract then you don't want them as a client.

If your other posts are true then start looking for another contract, you don't need clients who can't workout their headcount vs load.

[northernladuk]

If a client threats your contract then you don't want them as a client.

If your other posts are true then start looking for another contract, you don't need clients who can't workout their headcount vs load.

To be fair I don't think I've worked at one that can but I guess there are differences between standard busy areas and failing ones.

[Ticktock]

Ticktock will be along to correct a word there... Lol

I saw my opportunity and took it. I will not use my anger, use my hate. I will not turn to the darkside.

I will say, the OP does not sound like he's running his own business. Is this really a contract situation, or are you a temp?

[amc88]

I will say, the OP does not sound like he's running his own business. Is this really a contract situation, or are you a temp?

I'm contracting through my own Ltd Co. The first 6 months were fine, I could claim hours worked and only what I did within my contract. Since I was renewed (especially the last 3 months) my client has been asking more of me and the other contractor I'm with (such as managing the purchase of IT equipment - this definitely isn't on my contract)

I'll say here that he offered me a permanent position two weeks ago. I refused it, and writing about it now I can see he is trying to make me into a permanent member of staff anyway. Maybe this was his plan; get some newbie contractors in, mould them into a permie mentality and offer them a permanent position? I feel stupid for not seeing it before.

[northernladuk]

I'm contracting through my own Ltd Co. The first 6 months were fine, I could claim hours worked and only what I did within my contract. Since I was renewed (especially the last 3 months) my client has been asking more of me and the other contractor I'm with (such as managing the purchase of IT equipment - this definitely isn't on my contract)

I'll say here that he offered me a permanent position two weeks ago. I refused it, and writing about it now I can see he is trying to make me into a permanent member of staff anyway. Maybe this was his plan; get some newbie contractors in, mould them into a permie mentality and offer them a permanent position? I feel stupid for not seeing it before.

Yep, filling an enduring role as a contractor isn't a good position to be in.