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IT Contractors In Australia Are Not Being Paid Due To Dispute With Payroll Service (theregister.co.uk)

New submitter evolutionary writes: Plutus Payroll, an Australian payroll company, is refusing to pay contractors due to a dispute with companies using their services. Around 1,000 IT workers are unable to receive payment for services rendered. One may ask, "Where are the companies who actually hired the IT workers?" The Register reports: "This story starts with Australia's employment laws, which see lots of contractors officially employed by recruitment companies or payroll companies. The company at which the contractor works likes this arrangement as it means they don't have to put such people on their books. Recruitment companies and payroll companies charge for the service. Contractors generally like the convenience of having one employer even though they hop from gig to gig. The system requires fluid payments. Companies who hire contractors pay the recruiter, which either pays contractors direct or pays the payroll company contractors prefer. If the cash stops flowing, contractors get crunched. That's what's happened to around 1,000 contractors who elected to use Plutus as their paymasters: the company says it is in the midst of a completely unexplained 'dispute' that leaves it unable to pay contractors, or receive money from recruitment companies, but is still solvent. The Register has checked with the bank that Plutus clients say sends them their money -- the bank says it is aware of no dispute. One possible reason for the mess is that Plutus did not charge for its services. How it made money is therefore a mystery. Another scenario concerns the company's recent acquisition: perhaps its new owners are being denied access to some service Plutus could access as a standalone company. Plutus is saying nothing of substance about the situation. A spokesperson tells us the company deeply regrets the situation but won't divulge anything about the dispute and has offered no details about when contractors can expect resolution."

49 comments

  1. Canadian government payroll. by ls671 · · Score: 1

    In other news, closer to the US, Canadian government workers are not getting paid due to a screw up in the payroll system. This has been going on for several months and isn't fixed yet:

    https://www.nytimes.com/2016/1...

    https://www.tpsgc-pwgsc.gc.ca/...

    --
    Everything I write is lies, read between the lines.
    1. Re:Canadian government payroll. by Destoo · · Score: 1

      What is epic is that the EXACT SAME STORY happened to Australia's Health workers.
      IBM Makes a payment system.
      System is delivered on time, so public service managers get their bonuses.
      Workers are not getting paid.
      Government sues IBM.
      IBM wins lawsuit, plus legal fees, because it followed the specifications in the contract.

      http://www.theaustralian.com.a...
      "the government was not able to define and stick to a scope”
      This is what's happening at the Canadian Government right now too. IBM made a "perfect" system for 37.5 hours a week, full time employees, who do not change jobs or get temporary assignations, and who do not go on parental or disability leave.
      It's Hell. And we're all paying for it.

      --
      Nouvelles de jeux et technologies en français. TC
  2. Re:Ha! by Anonymous Coward · · Score: 0

    Wow. Can't even read the title of the post properly? Darn.

  3. Re:Ha! by ls671 · · Score: 1

    hmm... Austria != Australia or I must be missing something...

    --
    Everything I write is lies, read between the lines.
  4. Re:Ha! by Anonymous Coward · · Score: 0

    You sir, are an idiot.

  5. What a cock up... by __aaclcg7560 · · Score: 2

    After I was out of work for two years (2009-2010) and filed for Chapter Seven bankruptcy in 2011, I spent the next two years working multiple assignments from three different contracting agencies. All three used ADP for payroll. I would've been screwed if ADP threw a fit.

  6. Re:Ha! by Anonymous Coward · · Score: 0

    One is just the British spelling. The Brits seem to have a bit of a flourish when it comes to the Queen's English.

  7. Another great story by rudy_wayne · · Score: 2

    the company says it is in the midst of a completely unexplained 'dispute'

    the bank says it is aware of no dispute.

    Plutus did not charge for its services. How it made money is therefore a mystery.

    Plutus is saying nothing of substance about the situation.

    Slashdot: no information required.

    1. Re:Another great story by MightyMartian · · Score: 2

      Indeed. When a company says "Hey, I'll be your middle man and handle all your payments for you, for ABSOLUTELY FREE!!!!" one should run, not walk, from that company.

      And how would the company's bank know anything? It's not like banks generally look at a depositor's balance sheet unless the company's looking for a loan.

      It looks to me like some foolish and greedy people were taken in by a scam.

      --
      The world's burning. Moped Jesus spotted on I50. Details at 11.
    2. Re: Another great story by Anonymous Coward · · Score: 0

      is mobile broken now on slashdot

    3. Re:Another great story by scdeimos · · Score: 2

      I'd be suspecting that their business model depends on short-term investments. i.e.: they receive weekly or fortnightly payments from the recruiting companies and use at least the superannuation portion of that on short-term money markets until they do the deposits into the superannuation accounts at the end of the month. This is much like banks do with cheques while they're "processing payments" for 3-7 days in our modern, instant transfers, electronic payments society.

    4. Re:Another great story by Anonymous Coward · · Score: 0

      You need to take the listed facts or declarations, and come to understand them without someone feeding it to you.

      The company says it's in the midst of a vague and nebulous "dispute" and therefore will not pay its victims.
      The bank says they know of no such thing; the company is currently solvent.
      Plutus has money, but did not charge the companies it serviced in normal fashion.
      But it got money.

      In other words, they arranged to take only a portion of what they would normally be charged, pocket it, and pretend the check's lost in the mail to their victims.

      Problem is, most of these victims can't obtain work without going through such agencies, because the companies simply refuse to hire otherwise. So they're hard-fucked. The only way they're going to make a living is by prying their pay out of their captors cold dead hands.

      Luckily there's a good market for some kidneys and them corneas.

    5. Re:Another great story by ChunderDownunder · · Score: 2

      I worked under such a scheme a number of years ago. The recruitment agency that were hiring me for a role didn't do their own payroll, rather I was employed by a third party.

      So small time recruiters probably pay these guys a fee for each contract. For workers that use their services directly, they can charge 0%, using the methods you describe.

      Bear in mind taxation - where money collected at the beginning of a financial year might only be required to be submitted to the federal government 11 months later at the end of the year.

    6. Re:Another great story by Immerman · · Score: 2

      If the supposed dispute had resulted in frozen assets, disputed transactions, or other explicitly financial disagreements, then the bank would almost certainly know of it.

      Whether they would discuss that with a nosy journalist is a completely different question.

      Still, my gut reaction is that if there's a genuine dispute, it's probably a matter of one executive demanding that another give back the money they stole from the till.

      --
      --- Most topics have many sides worth arguing, allow me to take one opposite you.
    7. Re:Another great story by _merlin · · Score: 1

      Yeah, that would make sense, and I'd have expected it to work that way 20 years ago. But remember the gig economy and the sharing economy, and the rest of the buzzwords have changed that. Now you're supposed to start a business without a revenue stream, build up a customer base, then get acquired and let the new owner worry about how to actually turn a profit.

    8. Re:Another great story by thegarbz · · Score: 1

      for ABSOLUTELY FREE!!!!

      They don't do it for free. Why do you think there's a commercial dispute. There's a lot of these payroll companies out there, many international. All of them handle the final person's claim "absolutely free". The costs are covered upstream.

    9. Re:Another great story by TapeCutter · · Score: 1

      It looks to me like some foolish and greedy people were taken in by a scam.

      That's because you are using imagination rather than experience. I contracted under a similar system for 12yrs in Australia (95-07), good money, no problems with payments. Here in Oz. large corporates rarely employ an individual contractor who is not represented by an agency. Most agencies are relatively small operations and use payroll companies to handle the payments. Basically, if you want to be an independent contractor in Oz you need these services to get your foot in the door. I only gave up contracting because my current employer matched the contract rate and then some to go permanent.

      At the end of the day it doesn't matter if you are a contractor or an employee, US or AU. The little guy is last in line when the court appointed receivers turn up.

      --
      And did you exchange a walk on part in the war for a lead role in a cage? - Pink Floyd.
    10. Re:Another great story by Anonymous Coward · · Score: 0

      wikidef:
      Plutus /pluts/ (Greek: , Ploutos, literally "wealth") was the god of wealth in ancient Greek religion and myth. He was the son of Demeter[1] and Iasion, with whom she lay in a thrice-ploughed field. In the theology of the Eleusinian Mysteries he was regarded as the "Divine Child." His relation to the classical ruler of the underworld Pluto, with whom he is often conflated, is complex, as Pluto was also a god of wealth and money.

      Right there in plain sight....

  8. Re:Ha! by Anonymous Coward · · Score: 0

    All the people replying are the idiots. It's obviously a joke. Sheesh.

  9. Fraud by LeftCoastThinker · · Score: 1

    In the US if you refuse to pay regular employees, the Feds come sniffing around looking to charge you with fraud and other nasty things... Contractors can be out of luck, but even they have fairly decent legal recourse that 95% of the time comes out in their favor in court and usually awards them legal costs and punitive damages for bad faith behavior, especially if they have a reasonable contract.

    After going through this once as a contractor, I now insist on weekly paychecks, with no more than a 7 day delay from invoice to paycheck, and if it doesn't show up, I stop working and start looking for my next engagement after I call the client offering to come down and pick up my missing check, assuming they can't find it/in the works/other BS excuse for not having it.

    Not paying your legitimate employees for hours worked should never be a negotiation tactic. Most companies are smart enough to know this.

    --
    If you disagree, please post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like
    1. Re:Fraud by del_diablo · · Score: 2

      In Norway, if you end up like this, there are worse things than merely not paying. Its getting a union the attention of this, because the Union has access to the legal legs needed to manpower such cases trough court, usually ending in trainwrecks if laws are broken. And if no payment for wages is made, they are broken badly.

      The most likely cases for Australia is that the 1000 employs are not organized in a proper Union, so when the payment stops, it doesn't end in court within days. And if thats the case, since this is public news, i don't get why a union hasn't voluntarily stopped in, done basic paperwork, and gone to court, to brute force Plutus Payroll to either default or pay.
      There is a lot of PR to be made

    2. Re: Fraud by Anonymous Coward · · Score: 0

      Australia has strong unions, but they're mostly for manufacturing and constriction jobs. And they're run by bikie gangs and other similar thugs, who cook meth on the side. Also, they're not afraid of pricing themselves out of the market, forcing the jobs overseas.

    3. Re:Fraud by thegarbz · · Score: 1

      It's not that onerous in Australia. No need for courts. The government provides people to fight these good fights for you. One guy I knew was owed $12000 in back pay, after 4 weeks of arguing with the employer (yeah he left that too long) he called Fair Work Australia and a week later was paid in full and the company subsequently fined.

      This shouldn't be a problem as long as the company is liquid.

    4. Re:Fraud by TapeCutter · · Score: 1

      Contractors can be out of luck

      The victims in the article are classified as sub-contractors in Oz. The scenario in TFA is unusual. I did it for 12yrs, good money, no complaints.

      --
      And did you exchange a walk on part in the war for a lead role in a cage? - Pink Floyd.
    5. Re:Fraud by Anonymous Coward · · Score: 0

      fair work only helps if you earn less than 50k in australia (or some other number its been a while since I checked). 50k to live in sydney is impossible.

  10. sure fire solution by Anonymous Coward · · Score: 0

    An historian observes that if a few Plutus execs were shot-dead that with-held contractors monies would come rolling out like infield singles against the Cleveland defense!

    1. Re:sure fire solution by Anonymous Coward · · Score: 0

      Your markov string generator needs a bit of tuning.

  11. Dangerous by Anonymous Coward · · Score: 0

    This is likely to attract attention from the tax office and backfire horribly. In Australia it doesn't matter what you are called, if you make 80% of your income from that source, you may be deemed an employee. This payroll company may suddenly find itself with a large number of employees and the super and leave liabilities that go with it.

    1. Re:Dangerous by _merlin · · Score: 2

      That's the point of these companies, so that you're and employee from your PoV but a contractor from the actual employer's PoV. The payroll company handles super, payroll tax, etc. and you do a regular employee income tax return. The payroll company bills the actual employer for "consulting services" plus GST. They take the GST and their cut out before paying you. It's supposed to make life easier for everyone at the cost of a little inefficiency.

  12. We can't pay our workers but we are still solvent. by Anonymous Coward · · Score: 0

    They must mean they are made of mostly water. Because the definition of financial solvency means you can pay your bills.

  13. bankrupt them then. if they don't pay, they are no by gl4ss · · Score: 1

    They claim to be solvent. how the fuck is a company that is not paying its obligations is solvent? is the company saying that it is not indebted to the people they were supposed to be paying already? in that case, the contractors are fucked. and should get the company bankrupted.

    if the company was actually doing it's service for free(taking no extra fee for providing the service, mind you) then it would be pretty probable that someone, the new owners perhaps, took out the money they were supposed to be paying onwards. and why would anyone run a business like that? well, to sell the business - easy to make lots of in/out money for the business that looks good on paper(To an idiot) if you don't actually make any profit except interest rates perhaps for holding the money for a month or whatever.

    If I had to wager though, what happened is that they blew contract renewal with their IT contractor and they are unable to know who they are supposed to pay and what.

    --
    world was created 5 seconds before this post as it is.
  14. Re:Ha! by Anonymous Coward · · Score: 0

    ah, the old 4chan two-step. say something remarkably stupid, and then when you get called on it, claim you were trolling.

  15. Middle man not optional by Wizarth · · Score: 1

    It's been a few years, but my last experience in contracting like this was that the recruiter MADE themselves non-optional. In order to access the recruitment service (primarily to reduce the time invested in screening applicants), companies have to agree to make the payments to the recruiter. Advertisements for positions are made by the recruiter and don't include details of who the actual company is, until after you're under contract.

    Additionally, companies and contractors are in breach of contract if they tell each other what they are paying/being paid by the recruiter. My last employer "accidentally" let me find out this information, and suffice to say the recruiter was making a very nice profit. AND you're required to not work for the employer directly for a period of time after the contract ends.

    1. Re:Middle man not optional by thegarbz · · Score: 1

      It hasn't been optional even if it wasn't mandatory. I knew someone who tried handling their contractor affairs by themselves. Man did they get royally screwed when the tax man questioned their filing.

      Sometimes paying a middle man actually creates value for all involved. ... except the taxman.

  16. I tried that once with our tax agency by Anonymous Coward · · Score: 0

    "Sorry, I can't pay you my dues now. Ah, no, I can't tell you exactly why".

    They gave me the shaft :-(

  17. Dodgy all the way down by dbIII · · Score: 1

    This is highlighting a bit of a problem with putting employees at arms length to provide a legal fiction to dodge tax and other obligations - you have to be able to trust everyone else in the chain you are using to attempt to fool others.
    These middlemen exist really due to the deliberate complications of pretending an employee is not an employee where it's far more efficient to handle such deception in bulk.
    It's far less complicated with real contractors and it's far more effective to contract them directly instead of via a middleman, but once the contract extends beyond a certain length if they are not contracted to anyone else it starts to get very complicated since they are now de-facto employees. So real contractors (instead of employees under a legal fiction) and the company they contact to on a job are better off dealing with each other directly since they gain nothing by a middleman.

    In this case it looks like the middleman decided to screw over everyone and not just the sham contractors and the tax office. It was bound to happen sometime due to the level of trust required in an enterprise that is really about hiding the truth.

  18. Re:bankrupt them then. if they don't pay, they are by Shimbo · · Score: 1

    If I had to wager though, what happened is that they blew contract renewal with their IT contractor and they are unable to know who they are supposed to pay and what.

    FWIW: my guess is the now the previous owners have taken the money and gone, there is nobody left to run the business. New owners have decided its cheaper to go legal on them rather than hire them back as consultants.

  19. Et tu, Plutus? by Anonymous Coward · · Score: 0

    Je ne se quoi?

  20. Plutus Payroll's Problem: by Anonymous Coward · · Score: 0

    Charon doesn't make change.

    But seriously, how are they even ostensibly solvent? Failing at payroll is the lasf thing you do when your ambition is reduced to ”survive untik next week". The money simply isn't there.

  21. "Australia's employment laws, which see" by Anonymous Coward · · Score: 0

    No, no they don't, because they don't have eyes. Only living beings can "see", and at a push, a computer with a video camera could be said to "see" something.
    More pathetically lazy journalism. Such as "The terrorist attack, which SAW seven people injured", etc. etc. And all because journalist are too stupid and lazy to learn how to write their own language properly!
    Hence we now have the ludicrous widespread use of "Nasa" instead of "N.A.S.A." (is it that hard to remember?) and the even worse "Aids", instead of "A.I.D.S.".

    1. Re:"Australia's employment laws, which see" by Anonymous Coward · · Score: 0

      Oh for the love of jeebus. Languages always change. Get over it.

    2. Re:"Australia's employment laws, which see" by Anonymous Coward · · Score: 0

      You could have written something insightful. Instead, you whine like a child.

      If you understand the article, then it was written adequately. Colloquial speech and dialects have always existed, and new usages will crop up over time.

      You might as well rant about the sun rising and setting instead of staying overhead all day.

    3. Re:"Australia's employment laws, which see" by Anonymous Coward · · Score: 0

      Found the aspie!

  22. Maybe More to this story by Anonymous Coward · · Score: 0

    Its possible that Plutuspayroll have taken money and are doing a runner, but there is no evidence of this on the website or article. It might be reasonable to believe that they have stopped accepting funds as well as stopped making payment, in which case (I assume) it would be up to the employers to make the payments - and handle the taxes - until the issue is resolved.

  23. Re:We can't pay our workers but we are still solve by Cederic · · Score: 1

    the definition of financial solvency means you can pay your bills

    They can have the financial liquidity and cash flows required to pay people, and still lack the processes, technology and information required to properly execute those payments.

    They're thus solvent, just fucking shit.

  24. Re:bankrupt them then. if they don't pay, they are by budgenator · · Score: 1

    Free is actually a nebulous term, I often tell telemarketers I can't afford free. Sometimes free means no out of pocket expense, I suspect that the contracting firms are paying Plutus a processing fee and Plutus is also playing the float; and is just a baby-step away from being a check kiting Ponzi scheme.

    --
    Apocalypse Cancelled, Sorry, No Ticket Refunds
  25. Re:Ha! by Anonymous Coward · · Score: 0

    Works every time.

  26. Re:bankrupt them then. if they don't pay, they are by john.r.strohm · · Score: 1

    I saw something like this happen at/to a large company in the US many years ago. They had a number of engineers in on contract through one particular contracting firm. GD/FW was paying the contracting firm, in full and on schedule, but the engineer paychecks were bouncing. One guy I heard about flew up to the contracting firm's bank's home office, and presented the check in person, so that the bank would have no choice but to tell him why they refused to pay a valid check drawn against them.

    It turned out that the owner of the firm had taken the money and ran.

    Friends of mine got badly hurt.

    It did not help that the guy who ran the office inside the large company that dealt with the various contracting firms absolutely HATED Shoppers, because of his perception that they made a lot more money than the direct employees made for the same work. Nobody had ever explained to him about unpaid time between jobs, or about the realities of living in motels for most of the year and being away from family and friends all that time.

    Eventually, with the help of one of the big contracting firms, they set up a new branch of the contracting firm to pick up all the affected Shoppers. I never found out what happened with the missing money.

    From the sound of this, the owner(s) of Plutus have quite probably also taken the money and absconded. As it stands right now, it will certainly take serious legal action, from everyone who can bring force to bear, to get any real answers.