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Who writes the contract

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    Who writes the contract

    Hi - I am going to be working as a contractor and, as far as I understand from most of the work that I get through agencies, there will be a contract written up by the company that I am working for?

    Anyway - my first contract is actually a few weeks at my existing place where I am now working as a perm employee. We've agreed that I will work for a few weeks more as a contractor but there's nothing in writing to confirm this.

    Is it my reponsibility to write a contract or would this be the responsibility of my company?

    Presumably I need this in place before I start even though I'm on very good terms with the company?

    Thanks

    #2
    Originally posted by monkeyBoy32 View Post
    Hi - I am going to be working as a contractor and, as far as I understand from most of the work that I get through agencies, there will be a contract written up by the company that I am working for?

    Anyway - my first contract is actually a few weeks at my existing place where I am now working as a perm employee. We've agreed that I will work for a few weeks more as a contractor but there's nothing in writing to confirm this.

    Is it my reponsibility to write a contract or would this be the responsibility of my company?

    Presumably I need this in place before I start even though I'm on very good terms with the company?

    Thanks
    If you are going through an employment business, then they will produce the contract for you.

    If you are going direct, then you should produce the contract. The PCG has some samples to use.

    Bear in mind that you will need to pay full taxes and NI on the work you are doing for your current client, since this is exactly what IR35 was designed to catch.

    And yes - get the contract in place before you start work there.
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      #3
      Nothing is laid in stone except the fact that you both have to agree to the contracts contents.

      Whenever I've had a direct contract (one without an agent in the middle) I've always drawn up the contracts myself using the PCGs ones as a basis.

      If an agency is involved then they have, in my experience, always drawn up the contracts as their contract with the client has to be a mirror (back to back).

      You certainly do not have to accept a contract as-is. You should get it vetted by a lawyer under both circumstances to check that it is a) legal and b) is IR35 friendly.

      HTH
      M.

      Comment


        #4
        OK Thanks - and you would recommend joining PGC? And, if so, is their basic package/subscribtion sufficient in your opinion?

        Comment


          #5
          Originally posted by monkeyBoy32 View Post
          OK Thanks - and you would recommend joining PGC? And, if so, is their basic package/subscribtion sufficient in your opinion?
          I would definitely recommend joining PCG. It's a complete no-brainer for all the benefits you get. I'd go for Plus membership as the extra benefits (PAYE investigation cover, Jury Service cover, etc.) are definitely worth it. Go for Standard only if the money is an issue.

          FWIW, I joined up with Standard membership a couple of weeks ago (as I did it quickly and didn't have enough time to look into the extra benefits of Plus) but when I had some spare time this week and looked at Plus membership benefits, I decided it was the way to go and upgraded.
          Disclaimer: I might not know what I'm talking about!

          Comment


            #6
            Go for PCGPlus. The extra benefits are well worth the extra cost IMHO.

            Comment

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