Missed deadline - hourly rate

d52ef50c · ‎12-08-2017

Hello, I have a freelancer working by hourly rate with deadlines mututally agreed upon through messaging. The deadline was just missed, can I reduce the payment amount by a fair penalty?

And can I implement this as a policy going forward? Or do I need to use milestones to accomplish this?

Thank you.

boshoffirene · ‎12-08-2017

Tessa,

Have you spoken to this person? Are there factors involved in the missed deadline? Was the timeframe accurate taking the workload into account? Has real-life stuff happened that this person had no control over?

We are not machines. We each run our own business. As with anyone, things happen. We miscalculate time frames (it does happen).

In my own case, my power went out in my area for a whole day this week. I had no control over this. I communicated as such to a client, stating I would not meet the deadline and why. He understood, and we agreed on a new deadline (which I met). These things happen. Was I penalised? No. We have had a long working relationship and he knows my worth.

As I write, it is 3:09 am where I live. Why am I responding at this time of the morning? Because I lost all those hours of work time and have tried making up for them.

Before you go putting up your penalties as a 'punishment'....have you considered there might be extenuating circumstances?

You mention, in your post, that this was an hourly rate project. Has this person worked the decided upon number of hours and not completed it? Are the activity levels (according to the screenshots), at acceptable levels? If yes to both - perhaps the allotted time frame for completion was not enough.

bobafett999 · ‎12-08-2017

@Tessa L wrote:
Hello, I have a freelancer working by hourly rate with deadlines mututally agreed upon through messaging. The deadline was just missed, can I reduce the payment amount by a fair penalty?

And can I implement this as a policy going forward? Or do I need to use milestones to accomplish this?

Well well well. Was it stipulated in your contract? or you just made it up? Were you prompt in responding to their questions or you purposefully delayed your responses so the outcome would be delayed as well?. On Upwork I have seen people using very creative ways to not pay or pay a discounted rate. I am a freelancer and I will always side with my kin folks ( On rare occasions I have taken client side).

petra_r · ‎12-08-2017

@Tessa L wrote:
1) can I reduce the payment amount by a fair penalty?

2) And can I implement this as a policy going forward?

1) No - On hourly contracts you pay for the hours worked and logged.

2) No, you can't.

cupidmedia · ‎12-11-2017

As Petra said, for hourly contracts you are paying for time worked.

If you want to pay on delivery, and have strict deadlines, then you should use a fixed price contract. Set the deadline on the milestone. But remember that the deadline is just for your and your freelancer's information, it's not enforced in any way by Upwork. So make sure that you discuss the deadline with the freelancer and establish things like the timezone, whether it's the start or end of the day, or midnight, etc. Make sure you have clearly communicated with your freelancer. Then if they don't hit your deadline, you can close the contract and ask for a refund of the escrow funds.

But as Irene said, freelancers are not machines. A little communication goes a long way.

bobafett999 · ‎12-11-2017

@Jennifer D wrote:

.. freelancers are not machines.....

But many think they are.

2a13e0e4 · ‎05-25-2018

This is not an uncommon issue, and one I've lived though multiple times with freelancers. If I'm working with any other freelancer/independent contractor in person and they don't do what they say they will, on the time schedule that they agree to, they are consequences.

Why would real life be so different -- if you are paying good money (thousands and thousands of dollars for a project) how can our business be threatened by delays from freelancer? I get that everyone is human, it's just that it's a one sided coin here, with very little remedy for clients (if we are that even).

If you spend $5,000-10,000 on hourly project over the course of 2 months, only to find out that the finished project isn't finished, isn't to the specifications in contract and design documents, etc, there is no remedy. Upwork has their money and they are peace out. For lengthy projects, this is a real issue.

Freelancers often delay to do other projects, to get other projects, that's all fine and well, but not at the detriment to my project, please. I have paid for projects that I didn't like and didn't use, just because of the contract. Also, found out that the freelancer was using other freelancers to do the work! Subcontracting my contract. In any case, there's very little remedy and very little customer service in this arena. If the guidelines are clear, the design is clear, a contract is done, and the project is delayed or the freelancer quits completely, there should be remedies.

I really wish Upwork would do something about this.

bobafett999 · ‎05-25-2018

J A, understand your point.

But my real life experience with contractor is never getting stuff done per my 'schedule'. I have never met a house repairman, auto mechanic or even doctors (who make you wait and wait past your appointment time).

It has been almost 9 months and my area was ravged by a hurricane. Many of the people still don't have their houses fixed - contractor delays.

The best way to ensure people meet your deadline is to hire them locally as employees or even a contractor and ask them to SIT at your place of business to do the work.

I also have experienced that buyers - on hourly - contracts send a request and want it to be done in next 24 hours. They want a Uber driver sit in front of their house all day, but pay only when they are driving you.

yes it is annoying, but that is the name of the game. If you don't like that particular FL fire them.

prestonhunter · ‎05-25-2018

re: "Hello, I have a freelancer working by hourly rate with deadlines mututally agreed upon through messaging. The deadline was just missed, can I reduce the payment amount by a fair penalty?"

With an hourly contract, you are billed for the time that the freelancer logs.

Upwork has no mechanism for reducing the payment.

But you ARE allowed to ask the freelancer for a refund.

You could ask for any amount you want. One dollar. Or the entire amount of money you have paid her.

Just keep in mind that she is not obligated to give you a refund.

Whether she does or not, that is between the two of you. It is not something Upwork would be involved with.

ALSO: Keep in mind that you can close a contract FOR ANY REASON at any time. You do not need to explain your reason to anybody. Not to the freelancer, and not to Upwork, or anybody else.

So if you want to stop working with a freelancer who is always late with deadlines, or late once, or or maybe just not early enough, you can do so.