Agency compliance questions

[sy247]

I have been working two weeks on a contract have do no yet have a signed contract from my agency. I was told a contact had been sent out but have since received a 'Compliance Questionaire' which apparently is a new requirement as a result of Managed Services Company Legislation.

The email appears to suggest that thier agency compliance requirements have to be met before a contact will be signed by the agency. Has anyone else been asked to answer detailed questions about the running of thier LTD company by the agency.

For example:

Who decides whether the contact is within IR35?

Who decides renumeration - salary, dividends etc?

[NotAllThere]

As you are already working for the client, there is already a contract in place.

[Hex]

You shouldn't have started without receiving a copy of the contract from the agency and having it checked by a lawyer for IR35 compliance.

But given you have, I would suggest you get a copy of the contract from them and get it checked by Baueur and Cottrell or by QDOS for IR35 status.

It is up to you how you pay yourself provided you're working through your own Limited Company. You can pay yourself a small salary and dividends if you wish. To determine whether your contract is outside IR35 then you should use a contract lawyer to review your contract.

Because you have already started working without receiving a signed contract you are effectively already working under the terms of the agency's contract and that puts you in a weaker position to negotiate changes.

The compliance document they have sent you is so that they can determine whether you are using a Managed Service Company which would give them some problems with tax liabilities. Although some of these compliance documents are somewhat intrusive I would suggest you can probably fill most of it in. If you want more detailed advice then post the questions on here.

[s2budd]

No contract

Never, ever step on site without a contract. Your insurance is invalid without one. What you do now is up to you. I would turn up on Monday and tell the agency that unless a signed contract is faxed through by the end of the day then you will not be on site on Tuesday. Do not take no for an answer. If the agency behaves like this then they are not professional.

Tell the client that you do not have insurance due to no signed contract and offer to go direct.

[TheFaQQer]

Tell the client that you do not have insurance due to no signed contract and offer to go direct.

What tends to have more sway is to tell the client that they have no insurance for you to be on site without a contract.

Mind you, by turning up and working without one, then you've accepted the terms and conditions of the contract without seeing it. Not a good position to be in - they could have payment terms that say "we will pay you on January 1st, 2050" and you're stuck with it now.