Dispute over contract terms regarding lunch

[pscont]

No, total hours is not written anywhere. Just which I understand as working hours.
I am expecting to get paid for 2 reasons: I was never told otherwise and so genuinely thought I do and because I actually work while I eat as a lot of my work is keyboard/mouse based.
If unpaid lunch was ever mentioned in the terms or an email or over the phone I would be arguing over it now.

I will speak with the client (timesheet approver) and see what he says about this. I have a feeling he is not approving anything as I submit my hours on the agency website and the agent told me he approves them.
Also contract states that I should get paid regardless if the client pays the agency.

You are still young, when you become 'staro kuche' as a friend says you will understand.
For now refund the over payment and understand that there is no way in hell you get paid for lunch time if you are on hourly rate.
You dont get paid for it on a day rate either because you stay in the office for 8 hours normally to put a business day of 7.5 hours.

[DeludedKitten]

Also contract states that I should get paid regardless if the client pays the agency.

I doubt that the contract says that you'll be paid for time when you aren't working, regardless of whether the client pays the agency. If that was the case, you'd be billing 24 hours a day.

[gables]

In the days of when I was paid hourly in the 90s (was the norm) lunch was unpaid, it was a given as you put down what you worked. Thinking about it I'm not totally sure the working hours were detailed, maybe an indication of an 8 hour day say, that was arranged when on site with the client.

[CYPER]

I doubt that the contract says that you'll be paid for time when you aren't working, regardless of whether the client pays the agency. If that was the case, you'd be billing 24 hours a day.

That's not what I meant. Anyway will see how this unfolds.

[WordIsBond]

I only ever work on an hourly basis, because I might work for several clients at different times during the day.

Yesterday, we were dealing with a particularly difficult coding problem. Last night, I had a dream in which I dreamed of a solution we could use, and this morning, sure enough, it works.

I informed my client I'll be billing them for my time asleep last night, since I don't know what time the dream was or how long it was. I had a nice lie-in this morning, too, so 8.5 hours total.

If this works, I'll tell them next time that chewing stimulates the brain cells so they should pay me for lunch, too. If I can get this thing going, I can bill all my clients for breakfast, lunch, and dinner every day, so if I have four contracts running at a time, that's 1.5 hours * 4. 6 hours a day. If lunch counts as time worked even if I'm not working, why should I only bill one of my clients for it?

I can't imagine why anyone would restrict their billing to actual time worked when they can include other time. What an unreasonable client and agent you have.

[Spoiler]

Odd one this. I think most of us work on a PWD so don't need to dig in to the details of lunch and many of us eat at our desks...

No one should every eat at the desk - it should be banned.
Certainly not contractors and also permies.

Apart from the need to get away from the screen for a short break.
Or the smell of Biryani that John next door has just microwaved.
Then its dropping bits of your turkey mayo baguette into the keyboard, or onto the chair and smearing it in.

No, this practice should be outlawed. Get yourself down to the breakout space, if you can't manage to get out and pay for eating-in at Pret (reclaimable!).

[washed up contractor]

Deskside Engineer
Assignment details state: Hours of work: 09:00 – 17:00 - 30 minutes lunch - Monday to Friday

When were discussing the terms over the phone the agent never mentioned that lunch break is unpaid.

I have been working here for over a month now and got 5 separate timesheets approved for 5 weeks and only today I get a call telling me that I have been overpaid and apparently lunch break is unpaid. Now they want me to amend this week timesheet and input less hours to balance the over-payment.

Nowhere in the contract does it state this. Agents emailed me this bit from the terms:



When agreeing to the terms I was genuinely expecting that I will be getting paid for the full 8 hours daily, so told them that unless they can provide proof this was agreed either in writing or verbally unfortunately I cannot agree to a change in the terms post factum.

What are my options now?

You think you should be paid during your lunch break!? Seriously? Permies dont even get that.

When you have a workman round your gaff to do some work, do you pay them while they're eating their fish n chips in the van?

[northernladuk]

Then its dropping bits of your turkey mayo baguette into the keyboard, or onto the chair and smearing it in.

I just call deskside support to. Come swap it at lunch time.

[NotAllThere]

Probably the agent has submitted his invoice to the client, for 8 hours, and the client has said... no... the 30 minutes for lunch is unpaid. So he's only getting 7.5 hours, and now he's trying to get it fixed. But you cannot falsify timesheets. The best bet is to give him a credit note for the hours you were paid for which you were not entitled.

Hours of work: 09:00 – 17:00 - 30 minutes lunch - Monday to Friday

30 minutes for lunch is extremely unusually. I have never known of an hourly paid contract where payment for lunch is included. I would not expect, nor, obviously, does your agent. It seems the majority (if not all) of the people responding here would also not expect that 30 minutes to be paid.

If I were your agent I'd tell you that neither was it explicitly stated that the lunch time was paid. If it goes to court, then I doubt very much whether your argument would stand, based on reasonable expectations of what the clause infers.

[darmstadt]

I do all my contracts on an hourly basis and charge from when I am on the premises to when I leave them. If I eat in the canteen or at my desk they still get charged but if I go offsite for lunch, or any other reason, then they don't get charged. I've also never had a contract that says anything about 'lunch'.