12 month contract.. 9 to 5, on client site

**malvolio** · 2 February 2007, 12:44

Back to the guides, dear boy...

Put simply, the rules for IR35-exemption are MOO (if there is no work do you still get paid, if you just turn up do you get paid), D&C (have you any latitude in how you do your job - 99% of us do, especially in IT) and do you have a reasonably unfettered right to send someone else to do the job (not actually do it, be allowed contractually to do it).

That's it. Duration and location are irrelevant

**MmarcoM** · 2 February 2007, 13:00

Thanx Malvolio.....
Even though ,after reading various posts here and guides, what matters is actually how the work is carried out.... having seen length/location i was hopeless.....

thanx for giving me little hope

regards
Marco

**malvolio** · 2 February 2007, 13:18

What matters is how much it is up to you how you do the work. The client can tell you to acheive a given objective, he needn't necessarily have to describe to you in minute detail how it is to be done, beyond asking you to use corporate standards where they are relevant. However, if he has the contractual right to tell you to take a coffee break at 10:38 precisely for 10 minutes, only wear green socks and ask permission before you have time off, then you might have a problem...

**rawly** · 2 February 2007, 17:16

I was reading over my contract the other day - I've never bothered before because my Agency just passed it to Giant and Giant got QDos to pass it - so I was happy I was covered.

Anyway - I noticed at the end of it it stated that this contract does not in anyway form an Employer/Employee relationship - which I thought was one sentence very cleverly put.

**malvolio** · 2 February 2007, 19:41

Yes. Doesn't mean anything though - IR35 and employment are judged on different rules...

**MmarcoM** · 6 February 2007, 10:27

Originally posted by malvolio

..only wear green socks and ask permission before you have time off, then you might have a problem...

Hi Malvolio,
i take it that the requirement (from the client) to be dressing smart won't give me any troubles.........

thanks
marco

**malvolio** · 6 February 2007, 10:41

Originally posted by MmarcoM

Hi Malvolio,
i take it that the requirement (from the client) to be dressing smart won't give me any troubles.........

thanks
marco

It might... it implies Direction and Control, after all. You would have to have a pretty marginal case for this to be a deciding factor though. That said, if your contract has such clauses in it, I suggest you get it Bauer and Cottrell quickly; there will be other less friendly ones.

Also, contractors should always be better dressed than the permies, shouldn't they?

12 month contract.. 9 to 5, on client site