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VIC Employment Contract - Recovering Unpaid Work Days?

Discussion in 'Employment Law Forum' started by Claudiu, 1 October 2016.

  1. Claudiu

    Claudiu Member

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    The situation is like this:

    Let's say that I am person A and I have been recruited by agency B to work for company C. While working for company C, I am employed by company D that is making all the payments to me.

    - I am A
    - the recruiting company B does only the recruitment
    - the company C just hire all contractors and pays them
    - and company D need actually my services, but there is not direct contract between me and D

    So, I am recruited by B. The recruiting process is hasty, no job description is provided because they say it's not available. The interview at company D is similar; no technical person is present (but only for 2 minutes at the end, mainly presenting what technologies they are using).

    I decide to join company D for a one year employment contract. The clauses between D and B are that B will offer the services through me (A) and in the first 20 days the contract can end immediately and after that with one week notice.

    The thing is that I am assigned to do something that is new to me; it was not presented clearly during recruiting process. So in the second day I (A) let them know (D) that I will not be able to provide work in the desired amount of time. D decide that no longer needs my services, so the contract ends.

    The situation is like this: I have been working for D for two days, but now D does not approve the time-sheets for those two days, because I did not provided required work.

    Is there a way to recover those not paid work; is it a simple way?
     
  2. Rod

    Rod Well-Known Member

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    Who signed the employment contract? What happened at the end to party C? Party C is missing from the main facts.

    Hard to make out the real situation but you claim money from whoever was supposed to pay you at the agreed rate. Simplistically it is not your concern if another party (B or C) cannot get money from D. You do the work, you get paid.
     
  3. Claudiu

    Claudiu Member

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    The Company will furnish the Recruitment Company with a valid tax invoice for the services rendered by the Contractor at the rate agreed by the Recruitment Agency and the Contractor in the Labour Hire Contract. Alternatively, the Company will approve receipt of a RCTI for the same.

    4.2. The Contractor will only be paid on the following conditions precedent:

    (a) payment has been received by the Company from the Recruitment Agency; and

    (b) approval has been secured from the Client or the Recruitment Agency, which the Contractor agrees is his/her own responsibility to obtain.


    TIMESHEETS 7.1. If the Recruitment Company requires the Company to issue Tax Invoices for services rendered by the Contractor, the Company agrees that it will furnish such an invoice within two business days of receipt of approved timesheets from the Contractor, unless otherwise agreed to with the Recruitment Company.

    7.2. The Contractor acknowledges that coordination is required at the Client site to comply with this clause, and the Contractor agrees to be responsible for such coordination.

    7.3. The Contractor will deliver timesheets to ___. The Contractor acknowledges that failure to do‐so may result in a delay in payment to the Contractor.


    The Company may terminate this Agreement without any requirement for notice if:

    (a) the Recruitment Company advises the Company that the Labour Hire Contract has been terminated; and/or

    (b) the Contractor breaches the terms of this Agreement.

    9.2. Upon termination of the Contract, the Contractor will receive no further payment other than remuneration up until the date of termination, less any liabilities such as outstanding superannuation Payments, PAYG tax and adjustments for items such as motor vehicle leases, liability accounts, fringe benefits tax etc



    The thing is that the timesheet has not been approved.
     
  4. Rod

    Rod Well-Known Member

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    They (client?) are breaching the agreement by refusing to 'approve' the timesheets. The only valid reason not to approve would be a dispute over the times in the timesheets.

    Confusing agreement. Parties mentioned include:

    Company
    Recruitment Company
    Recruitment Agency
    Contractor
    Client​

    I don't understand the relationship between Contractor and Company, and Company and Recruitment Company. I assume Recruitment Company = Recruitment Agency.

    There might be different causes of action depending on other agreements. Your agreement is only part of the contractual mess (missing contract details between Recruiting Company and Client) and I think it will take time for a lawyer to sit down and look at all the agreements to work out who has what liability in the event of breach.
     

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