Invoicing and Contract
We would like to take a moment to speak together about the obligations and good practices of athletic therapists in reference to work, especially with short-term work contracts
One of the most frequent problems reported by athletic therapists is the delay of payment from such contracts. As self-employed individuals, many athletic therapists will accept to cover events/short-term contracts for different employers, some of which are other athletic therapists. Unfortunately, certain members have had difficulty receiving their payments. We want to share some strategies with you to help facilitate this often-difficult aspect of self-employment.
Keep a paper trail
When you agree to event coverage, make sure that you have written proof of the agreement. For periodic replacements, it is not necessary to create and sign a contract for the agreement to be considered legal. An email can therefore be valid as long as it includes two crucial elements in the transaction, namely a clear and unequivocal offer and acceptance. 1
Determine the payment term
In your communications, and before accepting the offer, determine a payment deadline with the employer. Without necessarily being a guarantee that the employer will respect the deadline, expectations by the people concerned can be established and could constitute proof of a breach of contract if the situation becomes problematic, and therefore legalized. You can also include the specific method of payment, since some methods may cause more delay.
Quickly send your bill
In addition to it being a reminder to the employer, you will avoid increasing the processing time of your payment. Be sure to include all pertinent and necessary information for a complete invoice, such as payment deadline, details of the service rendered, the date, etc 2
If, unfortunately, the payment is late, you will have to, at times, act more severely. If the payment deadlines are not respected, here are some steps to follow 3:
1. Let the client know that you are awaiting payment
2. Send a reminder invoice
3. Write a formal notice
«If the formal notice does not suffice, you have multiple solutions:
• Mediation, arbitration, or both.
• Collection agency.
o You can pursue the client for a month or two, with associated fees. However, this may be less relevant for the payment of small contracts.
• Court.
o Your lawsuit has the best chance of being successful at the Small Claims Division of the Civil Division of the Court of Quebec.»
Last, according to the Code of Ethics and Professional Conduct of the CTSQ section A, paragraph 5, members employing athletic therapists, or any other professional must renumerate them according to the standards provided. Therefore, in some cases, you can submit a complaint to the ethics committee if your employer is an athletic therapist. Please note that the ethics committee only has the power to sanction the offending member under the conditions provided in the authorization regulations of the Corporation:
• The suspension of the member for a defined period;
• The expulsion of the member from the Corporation ;
• The obligation for the member to complete, at their own expense, any course, mentoring, or internship required by the board.
Without addressing your problem directly, a complaint to the ethics committee can allow you to sanction a therapist who is potentially repeatedly taking advantage of other professionals.
*This article is intended as a reference tool and does not constitute legal advice
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1Loi concernant le cadre juridique des technologies de l'information (LRQ, c-1.1)
2Travailleur autonome
3Protégez-vous