First Contract

[too_many_details]

Well the agency (and their legal dept) have come back and pretty much said no to all the amendments to the contract suggested by QDOS.

What now? I'm due to start Monday and its my first contract! I don't really want to jeopardise this role.

Any help appreciated,

R

[gadgetman]

Depends if you are prepared to take the risks associated with not amending the current contract or to work inside IR35.

Might be worth trying to call their bluff?

As an aside, I am in a similar boat but even I can see my contract (also starting Monday) is a pile of poo. However they are prepared to change it.

Did you have to go for the full contract review with QDOS (£85 + VAT) or the Status Assessment you get as part of the Freelancers Club?

[too_many_details]

Status Assessment you get as part of the Freelancers Club

and QDOS have been very helpful.

Another thread here was taking about PCG membership, one of the advantages being the insurance in case you were investigated. Maybe that might be an option if i can't get the contract changed? It seemed more thorough than QDOS.

R

[Gonzo]

and QDOS have been very helpful.

Another thread here was taking about PCG membership, one of the advantages being the insurance in case you were investigated. Maybe that might be an option if i can't get the contract changed? It seemed more thorough than QDOS.

R

PCG insurance will back you in the case of an investigation but will not defend you if you have an undefendable case. Neither will they stump up the tax you owe if you lose.

If QDOS are saying that amendments are needed and you don't get them done, how secure are you going to feel?

I can appreciate that this is hard work for a newbie, and that is what the agency will be counting on. A thick skin and a willingness to play hardball is something that you will need to develop as a contractor, but don't worry if you don't have them on day one.

I would refer you to Hex's answer previously, threaten to opt back in to the EB regs, or say that you will need a higher rate if you are IR35 caught (say how much).

But do remember, if you are going to play hardball then you will have to be prepared to walk.

[TheFaQQer]

Well the agency (and their legal dept) have come back and pretty much said no to all the amendments to the contract suggested by QDOS.

What now? I'm due to start Monday and its my first contract! I don't really want to jeopardise this role.

Any help appreciated,

R

Either you need to be prepared to play hard ball and say that you can't accept the contract as is, or you need to accept that this is IR35 caught and be prepared to pay extra tax.

If you join the PCG, then they will defend a defendable case, but they won't fight something that is clearly caught. If you buy Qdos insurance, then this probably won't help, since the contract has been checked and you know it fails.

If you try to risk it (i.e. not pay the additional tax), then the punishment from HMRC may well be higher - you knew that it was IR35 caught, but went ahead and evaded paying tax you knew you should do. That's a much more serious case to fight than arguing that you had checks made, believed to be outside IR35 and that's why you didn't pay it.

So, you either pay more, or threaten to walk. Agency tried the same to me this year - I said that I wouldn't sign the contract so asked "would you like to ring the client and explain why I won't be there, or should I do it?" Luckily for me, the agency caved into my contract changes; someone else round here tried the same thing and didn't get the gig in the end (although IIRC the agency came back eventually, by which time they were unavailable).

It's a tough choice, particularly on the first contract. If you found this one fairly easily, or have niche skills that are in demand, then I would walk. That said, if it were me, I'd walk anyway.

[serverlad]

hey there ive read this thread with interest as i havent had my own first contract yet but have the skills to go into the market i am hard of hearing/deaf would that affect my chances of getting contracts?
anyhow i would like to ask did he walk or did he go ahead with the contract??
sounds like agents are hard to deal with and you are trusting your money very unsecurely....

but i like the pay rates that is involved im from Ireland. would like to get irish contracts

anyway will make a post one of these days

all the best lads

[Sockpuppet]

hey there ive read this thread with interest as i havent had my own first contract yet but have the skills to go into the market i am hard of hearing/deaf would that affect my chances of getting contracts?

Depends. A lot of contact is over the telephone so depends if you are parial or totally deaf. Some agents may be understanding if you have the right skills but a lot may not.

Best apply for some and explain that you are hard of hearing on your application see what comes of it.

[Cowboy Bob]

Best apply for some and explain that you are hard of hearing on your application see what comes of it.

Come on, you know as well as I do that they don't read the CV, never mind a covering letter...

[vhadiant]

Don't sign the contract. I'm new myself in contracting but the two agencies that I've worked with are really accomodating regarding IR35. The contracts are generally good and they are willing to make amendments if need be.

Point it out that many agencies who deal with contractors are like this and this is pretty much the 'norm' in contracting world.

[TheFaQQer]

Don't sign the contract. I'm new myself in contracting but the two agencies that I've worked with are really accomodating regarding IR35. The contracts are generally good and they are willing to make amendments if need be.

Point it out that many agencies who deal with contractors are like this and this is pretty much the 'norm' in contracting world.

If you start work, then it's akin to signing the contract anyway.

If you don't agree to the contract, do not start work.