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Time capped contract - ir35 flag?

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    Time capped contract - ir35 flag?

    Due to ongoing cuts in oil industry me and around 100 other contractors at a large oil Co have been issued with contract revisions which state that we are not allowed to bill for more than 80 hours in a fortnight.

    Nothing else has changed.

    Wondered how this would be viewed from 'S,D,C' perspective for IR35.....not that we had any choice if we want to keep working.

    With thanks

    #2
    This wouldn't have a major impact, as long as the hours you work during the week/fortnight are flexible and you aren't solely controlled on set hours like an employee would i.e. 9 to 5.30.

    This would be a very small point in relation to IR35 in general. I would arrange for your Accountant to complete an updated IR35 review based on this contract, and working practices.

    Comment


      #3
      Think about it this way:

      Are employees treated the same? Presume not as they will be salaried or hourly paid for the hours worked.
      If you work more than 80 hours you will face financial loss, something that an employee wouldn't experience.

      It's not supervision or direction. Not sure about control though.

      Comment


        #4
        Originally posted by ladymuck View Post
        Think about it this way:

        Are employees treated the same? Presume not as they will be salaried or hourly paid for the hours worked.
        If you work more than 80 hours you will face financial loss, something that an employee wouldn't experience.

        It's not supervision or direction. Not sure about control though.
        It's not control. It's a contractual agreement. Just like saying you can only work Monday to Friday etc.

        No problems here but will become an issue if they start telling you to do hours above and beyond I. E your working practices don't match.
        'CUK forum personality of 2011 - Winner - Yes really!!!!

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          #5
          I don't see it as anything but an IR35 plus although it's probably neutral. You're being treated differently to a permie.
          The greatest trick the devil ever pulled was convincing the world that he didn't exist

          Comment


            #6
            FTFY

            Originally posted by LondonManc View Post
            I don't see it as anything but an IR35 plus although it's probably neutral. You're being treated differently to a permie, who, naturally, is expected to do unpaid overtime, on a regular basis.
            The Chunt of Chunts.

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