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New contract,

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    New contract,

    Hi all,

    My flatmate got a new contract and it is her 1st time, so she wants to make sure she is doing everything right.

    She asked a contract from the agency and they sent her a draft blank contract, being between her and the agency.
    I include it below:


    CONTRACT FOR SUPPLIERS OF TECHNOLOGY SERVICES (‘OPT OUT’)

    ASSIGNMENT SCHEDULE

    Assignment Reference No. «ContractNumber»
    Date of Issue: «TodaysDate»

    BETWEEN

    Agency name

    AND

    Contractor (Ltd. Co.) «LtdCompanyName»

    Contractor Address
    «ContractorAddress», «ContractorAddress1», «ContractorAddress2», «ContractorAddress3», «ContractorPostCode»

    Company Reg. No. «CompanyRegistrationNumber»

    Company VAT No. «VATNumber»


    TO PROVIDE SERVICES AT:

    Client Name «ClientCompanyName»

    Client Location
    «ClientAddress», «ClientAddress1», «ClientAddress2», «ClientAddress3», «ClientPostCode»


    ASSIGNMENT DETAILS:

    Personnel «ContractorName»

    Services «Position»

    Fees £«PayRate»


    Start Date «StartDate»

    End Date «EndDate»

    Assignment Term
    Standard Service Week «STDHours»



    Special Conditions



    «SpecialConditions»


    Both parties hereby agree that the Services shall be provided in accordance with and subject to Agency's Terms. Reference to Terms shall be to the terms set out or referred to in this Assignment Schedule and the standard Terms and Conditions of Business for Contractors – UK Assignments (OPT OUT).


    Signed for and on behalf of The Agency
    Signed for and on behalf of the Contractor



    Date: «TodaysDate»
    Date:
    Name: John Smith
    Name:
    Title: Contracts Manager
    Title:

    «TodaysDate»




    Private and Confidential
    The Director
    «LtdCompanyName»
    «ContractorAddress»
    «ContractorAddress1»
    «ContractorAddress2»
    «ContractorAddress3»
    «ContractorPostCode»


    Dear Sir or Madam:

    REF: - Contract No – «ContractNumber»

    Congratulations on securing your new assignment.

    IMPORTANT INFORMATION REQUIRED FROM YOU (IDEALLY BEFORE YOU COMMENCE AN ASSIGNMENT)

    The Conduct of Employment Agencies and Employment Businesses Regulations 2003 require us to obtain from you, confirmation of your identity.

    Please therefore provide a clear copy of your passport, which includes the front cover, the page(s) displaying your photograph, nationality and signature and where relevant, pages containing any visas/permits required to work in the UK OR a clear copy of your birth certificate.

    In order for the contract to run smoothly and to ensure prompt payment, the following documents also need to be submitted:

    1. Please arrange for signature of both copies of the agreement and return one copy.
    2. A copy of the Certificate of Incorporation for your Ltd Company.
    3. A copy of your VAT registration certificate, if applicable.
    4. A copy of your company’s Bank Details.
    5. The signed weekly timesheets are to be sent on a weekly basis, while the signed monthly timesheets are to be sent on a monthly basis.
    6. Your invoice(s) to accompany the last timesheet(s) for each 4-weekly cycle.
    7. You may also be required to provide evidence of any qualifications and training certificates that you hold.


    All the above-mentioned documents need to be returned to, Agency Address within 1 week of receiving this pack.

    Payment of invoices will be delayed until all the necessary documentation described above has been received.

    Please do not hesitate to contact me should you have any queries.

    Yours sincerely


    «Consultant»
    «ConsultantPosition»


    Is this the kind of contract she can show to an accountant in order to see if she is within IR35 or not?

    Also what else does she need to do before she starts?

    many thanks all

    #2
    Any views on this?

    I just want to know if:

    1) Is this the kind of contract she can show to an accountant in order to see if she is within IR35 or not?

    2) Also what else does she need to do before she starts?

    Comment


      #3
      This looks like the schedule to a contract. It mentions some 'Terms and Conditions' - does your flatmate have a copy of these? They'll need to be submitted for IR35 review.

      PM me if you want more info.
      Qdos Contractor - IR35 experts

      Comment


        #4
        Originally posted by kesm View Post
        Any views on this?

        I just want to know if:

        1) Is this the kind of contract she can show to an accountant in order to see if she is within IR35 or not?

        2) Also what else does she need to do before she starts?
        1 - No. You need T&Cs as well

        2 - Work out whether she really wants to be opting out of the agency regulations or not before signing it.
        Best Forum Advisor 2014
        Work in the public sector? You can read my FAQ here
        Click here to get 15% off your first year's IPSE membership

        Comment


          #5
          Interesting that the content is an "opt out" of agency regs, but the letter states that you need to confirm ID as per those same regs.

          Surely if you opt out you don't have to prove your identity ?

          Not a big thing I know - but just another case of the agencies not understading what they are on about ?
          Cenedl heb iaith, cenedl heb galon

          Comment


            #6
            Originally posted by Bluebird View Post
            Interesting that the content is an "opt out" of agency regs, but the letter states that you need to confirm ID as per those same regs.

            Surely if you opt out you don't have to prove your identity ?

            Not a big thing I know - but just another case of the agencies not understading what they are on about ?
            Th ID thing is embedded ina load of different places these days. You can either have hysterics about it or go along with them.

            One option around passports: a copy is not proof of ID unless it is taken in the presence of the person who requires such proof and then only as a record. So you take a copy of your passport in the presence of someone from YourCo (like yourself, or at a pinch the CoSec). YourCo can then use that copy to affirm to anyone else who has a right to ask that you are who you say you are. Simply send them a PDF of your saved copy as evidence...
            Blog? What blog...?

            Comment


              #7
              The agent recommended her to opt out, so she can be removed from being an employee from the client she will work for.

              Why is the contract between herself and the agency, instead of herself and the client?

              Also, can she have days off during the contract? I assume she will have to arrange that with the client before arranging anything.

              Lastly, if she has to travel for business, will the transportation, hotels and food be out of her own pocket?

              Thank you.

              Comment


                #8
                Because the agency is being the intermediary and facilitating the service she will provide to the client. The client will have a contract with the agency too.

                Yes ofcourse she can take holiday. Infact as a contractor you are able to just say "I'm off next week, see you on the 22nd" because you aren't an employee and bound by the regulations of the client i.e. filling in holiday forms etc etc. However if she does say this and she is also supposed to deliver work that week then don't expect the client to want you coming back.

                Unless she has an arrangement with the client and it is in the contract then yes. They can be charged as business expenses (i.e. her ltd company) tho, subject to various other regs you can read about on this site or several others such as <removed> etc
                It's about time I changed this sig...

                Comment


                  #9
                  is she going to be paid via an Umbrella Company or is she setting up her own Ltd company to do this ?
                  Cenedl heb iaith, cenedl heb galon

                  Comment


                    #10
                    She is thinking of an umbrella, since she is a 1st timer.

                    Should she give the contract to an accountant to check it for IR35? The agent does not think it will fall inside it.
                    How long does it usually take to be checked and what happens if it fails in it?

                    What happens with regards to travelling? Will the transporation, accomodation, food come out of ther pocket?

                    thank you

                    Comment

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