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4 weeks notice by me versus 1 weeks notice from agency and contract's inside IR35

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    4 weeks notice by me versus 1 weeks notice from agency and contract's inside IR35

    I've been offered a contract via AMS with unequal notice period of 4 weeks from me and 1 week from them for a 6 month contract. However, the contract's inside IR35 so surely it should be equal from both sides? After all, I'm pretty much deemed as an employee without the perks! I've tried to negotiate but the comeback has been that this is standard for all contractors at this particular business (financial).

    #2
    there is no mutuality of obligation, they can say anytime that there is no work to be done and no timesheets to be signed. the notice period is just a formality and to have something there but it does not actually mean that if you have 4w notice they will have to abide to it.

    I would focus on the things that actually matter, the net pay that reaches your account and other clauses that might put you in an odd situation.

    being a contractor means you have to learn how society works and employers and see through the nonsense to be able to follow your interests better. the better that you do and people similar to you, the better the market will do for your kind.

    Comment


      #3
      Originally posted by Willy Win View Post
      I've been offered a contract via AMS with unequal notice period of 4 weeks from me and 1 week from them for a 6 month contract. However, the contract's inside IR35 so surely it should be equal from both sides? After all, I'm pretty much deemed as an employee without the perks! I've tried to negotiate but the comeback has been that this is standard for all contractors at this particular business (financial).
      Most clients will let you leave earlier if you ask, few want a contractor who doesn't want to be there.
      Just pull a stress related sicky in the last two weeks of the notice period if you really hate working there and the client wont let you out early.

      Agencies love longer notice periods, it gives them longer to find your replacement before the competition gets a head up.

      Comment


        #4
        Originally posted by Willy Win View Post
        I've been offered a contract via AMS with unequal notice period of 4 weeks from me and 1 week from them for a 6 month contract. However, the contract's inside IR35 so surely it should be equal from both sides? After all, I'm pretty much deemed as an employee without the perks! I've tried to negotiate but the comeback has been that this is standard for all contractors at this particular business (financial).
        Why should it? Inside IR35 is just a tax postition. The clauses can push it inside due to some elements but the tax postition does not drive the contract. Granted some can change as they are not needed but others such as termination clauses and payment terms are unaffected. You think you are a 'deemed employee' but that is for tax, not for engagement. You are still a contractor with a contract, it's just the tax man who says it is inside.
        Last edited by northernladuk; 7 July 2021, 17:28.
        'CUK forum personality of 2011 - Winner - Yes really!!!!

        Comment


          #5
          Originally posted by GigiBronz View Post
          there is no mutuality of obligation, they can say anytime that there is no work to be done and no timesheets to be signed. the notice period is just a formality and to have something there but it does not actually mean that if you have 4w notice they will have to abide to it.
          This is not Mutality of Obligation (or lack thereof). MoO is about offering work above and beyond the current piece of work. There are obligations in place when a contract is agreed whereby you do work and you get paid. The bit about having no work and not being paid is the T&M element of the contract. Whilst under the obligation to do the work in the contract if there is nothing to do you don't get paid.

          You are right the notice period is irrelevant if the client has no work to do but that's T&M not MoO. It's 'not fair' they can pull the work and bin you but you'll be in breach if you refuse to turn up but it's a client/supplier relationship so it isn't a level playing field

          being a contractor means you have to learn how society works and employers and see through the nonsense to be able to follow your interests better. the better that you do and people similar to you, the better the market will do for your kind.
          Being a contractor also means you should know the difference between an employer and a client as well. I'm sure you've been pulled up about this crap before.
          Last edited by northernladuk; 7 July 2021, 17:28.
          'CUK forum personality of 2011 - Winner - Yes really!!!!

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