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ok not sure if this belongs in rants or here...... but not in the mood to really rant :eek::lmao:

 

If someone presents you with a contract that states they will be paid by the day which consists of 8 hours...... or by the half day that consists of anything 4 hours or less.

 

8 hours= agreed upon days pay

4 hours or less = agreed upon days pay cut in half

Weekends available for an extra fee of $____________

Anything over 9 hours = 1.5 days pay

 

Is this fair? I am having a problem with it.

 

Contractor work with a 1099 for trade labor.... I have paid this before for heavy equip. work.....

 

Does this seem a little out of line?

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I don't know it sounds resonable to me. What is this for? I know some people are hired per deim but that usually assume an 8 hr work day.

 

I guess like a lawyer they could just give you an hourly rate.

 

Or are they saying they only work 1.2 days & full days.

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skilled trade payment contract in the construction field, but specialty work.

 

Could be a on going contract for more than 1 year.

 

Does it seem like a rip off?

 

Also states hours per day will not exceed 12 total hours.

 

Also stipulates that without proper notice (48 hours) of cancellation of work day they/company will be charged half days pay.

 

add on their office hours to change schedule are only 8am - 6pm......kinda picky aren't they?

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I don't know it sounds resonable to me. What is this for? I know some people are hired per deim but that usually assume an 8 hr work day.

 

I guess like a lawyer they could just give you an hourly rate.

 

Or are they saying they only work 1.2 days & full days.

 

NO because of travel time they won't work for 1 hour/just get paid for 1 hour..... either it's 4 hours (half days pay) or 8 hours or less (full days pay).

 

anything over 8 hours = a day and half of pay. daily overtime in a way.

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Art_Critic
I am having a problem with it.

 

What part are you having a problem with ?

 

It seems fair to me.. it leaves no room for miscommunication concerning their pay or rates..

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It does sound picky. I can inderstand not wanting to exceed 12 hours a day and the canelation but if it is outside work.

 

What if the weather in funky? I means in construction sometimes you have to cancel due to weather and you won't always know.

 

Also if they work just 2 hours would you have to pay for 1.2 day?

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Personally.....I'd find someone else......

 

In essence, they could show up at 8am, and leave at 10am, and earn 1/2 days pay.....

 

If the show up at 8am, and leave promptly at 4:10 to catch the 4:20......;)you're in for time and a half.....

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Art_Critic
daily overtime in a way.

 

I get it now.. yeah.. daily overtime seems more like a big benefit rather than a right.. that is why they want the contact...

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What part are you having a problem with ?

 

It seems fair to me.. it leaves no room for miscommunication concerning their pay or rates..

 

Actually it is my contract and the kitchen chicken who repeatedly has ripped us off is having a problem with it.

 

Our own biz is up and running and they still want our services.

 

Understand that our travel time to a job site might be over 90 minutes and she wants to only pay for 1-2 hours of work..... keeping in mind that it is skilled trade work.

 

Because of their extreme disorganization and sudden calls to say "ooops no work today" as you are walking out the door previously this has happened..... which then leaves our schedule busted and no income for that day, I put in the 48 hour stipulation, weather has no effect on our work.

 

She also expects people to work for free...... and because of bad scheduling (18 hour job is allotted a 7 hour time schedule) on their part, she just expects you to stay 18 hours without pay or paying overtime if hourly.

 

The reason I put the 1.5 days of pay is because they would expect a 12- 14 hour day, everyday without paying for it.......

 

We have a life too..... We have things to do outside of work including our NPO. This was meant to keep the days to 8-9 hours..... sort of incentive to not overbook or schedule poorly.

 

Fortunatley her H told her to shut up, but I still have to iron this out.

I want to be fair but arrange things so she can no longer take advantage nor cheat us out of money...... like OT. Been there done that.

 

Say if you worked for her 65 hours one week and only 10 the next week = for 2 weeks pay that adds up to 75 hours..... so no overtime for the 15 overtime hours worked the first week...... :lmao:

 

She is slick. She wants an hourly rate..... an obviously that would be to her benefit...... she could simply pay for 1 hour of work...... we have overhead too.

 

The only reason I am dealing with them is I still need to fill our schedule with work at this point...... I am only 50-60 percent independent from them at this point....... still building new client base.

 

This contract will also be used for others....... which we have never had a problem with nor even needed to be such sticklers..... hell I just agree to a per job payment with most on a handshake.

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Art_Critic

I have seen contracts where an hourly rate was quoted but a min. hours worked is also in it to cover at the min expenses or overhead.

 

If by chance you cut a new contract with the kitchen chicken and hourly is decided then make it a certain number of hours that must be worked at one time as part of the deal..

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I have seen contracts where an hourly rate was quoted but a min. hours worked is also in it to cover at the min expenses or overhead.

 

If by chance you cut a new contract with the kitchen chicken and hourly is decided then make it a certain number of hours that must be worked at one time as part of the deal..

 

So in this case shoot for a 40 hr per week (usually that is done in 4 days regardless)........

 

But damn I have seen her throw a fit when one of the "employees" doesn't work after hours for free....

 

It started with..... first salary...... then hourly.....

 

Even on salary you might work 65 hours a week for the same pay based on 45 but she wants to dock your pay for being 10 minutes late on a thursday morning.

 

This is no longer an employee or a partner type business arrangement ..... this is now business to business.

 

We have over head now insurance, vehicles, and all that fun stuff to cover.... and of course taxes.

 

I also hit the job sites so we might crank through a 2 day job in one day..... I do this with all the others we work with.... Can pop $1,200 in work in 2 days if you really bust your ass. I prefer to be paid by the job.... but they do too much dinkin' around to do it that way. Still can make money by dealing with them. Otherwise I would tell her to eat my shorts.

 

I don't think the contract was all that unfair at all. But really wanted another point of view...... much appreciated.

 

Not sure what else I can do to protect our own interests and not be taken advantage of.

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justpassingthrough

If it's business to business, why the talk of hourly pay, overtime pay, etc.? Isn't that language common in employee/employer relationships as opposed to contractual relationships?

 

Just curious.

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If it's business to business, why the talk of hourly pay, overtime pay, etc.? Isn't that language common in employee/employer relationships as opposed to contractual relationships?

 

Just curious.

 

Exactly!!!

 

Not my idea. She threw that up. She wants a contract but doesn't want to go along with contractor rules..... see, she just doesn't want to pay workmans comp, insurance, and all that fun stuff for an "employee" but wants employer rights. Which if you treat your 1099 contractor as an employee in this state (guidelines) her ass is grass with the tax man.

 

 

Even went to the point of stating "well if you have something really hard to do one day and easy the next"........ what the hell does that have to do with the price of beans in China? I don't care if it is pulling weeds or drilling a well.... our daily rate is our daily rate.... take it or leave it.

 

Control issues on her part to try to milk anything she thinks she can.

 

She would love to run a sweat shop. I truly think she would screw her own mother for a nickle.

 

She is just nuts..... cannot wait until her H ditches her, life will be sweet for all then. Pop tart snarfin spoon licker.

 

She cannot tell us to take a hike, their biz needs us. Not replaceable at the moment.... maybe one day ...... just not today.

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justpassingthrough

Not my idea. She threw that up. She wants a contract but doesn't want to go along with contractor rules..... see, she just doesn't want to pay workmans comp, insurance, and all that fun stuff for an "employee" but wants employer rights. Which if you treat your 1099 contractor as an employee in this state (guidelines) her ass is grass with the tax man.

 

That's what I thought was going on.

 

Tell her you won't be a party to her skirting tax and workman's comp laws and that you'll only consider a true and legal contractual relationship. If she doesn't like the way that smells, then she can pound sand.

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That's what I thought was going on.

 

Tell her you won't be a party to her skirting tax and workman's comp laws and that you'll only consider a true and legal contractual relationship. If she doesn't like the way that smells, then she can pound sand.

 

Yeppers....... I have the 20 points 1099 vs W2 from the IRS saved that she will recieve if this BS continues.

 

You don't get employer rights unless you are an actual employer, and that is what she is trying to do..... regulate time, clients, full dictatorship. blah blah blah......hourly rates.

 

pay per day or eat my shorts.

 

I prefer it this way because at least our expenses can be written off... like mileage and vehicles..... which it should be.

 

I was nice enough to allow them 2 weeks notice of unavailability and they are getting a cut rate compared to what we charge by the job under normal circumstances.

 

This is more like a "retainer" of sorts for them.

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