Contract hours

[PM-Junkie]

Get a legal opinion from suitably experienced lawyers whether the contract as a whole is fail, and if so, what points it fails on, rather than focus on one point that may or may not be significant.

WHS

It does get awfully complicated. I did a gig where I was providing interim cover for the program manager for 3 months while the client found a permanent replacement for the chap who had left suddenly. Because of the nature of the service my company was providing, I was asked to cover for standard working hours (9-5). In the event I actually did about 8-7 (don't we always?)...but because of the nature of the service under the terms of the contract, I was still outside IR35.

So it all depends on the service and the wording of the contract. All very complicated...best to consult the experts I think.

[malvolio]

AIUI, specified hours of work are IR35 neutral, as long as those hours are necessary for you to perform the task - the test is, do they apply equally to permies and contractors alike? So if you are on a Helpdesk, for example, it's immaterial in IR35 terms that you have to be there when the users are. If, though, you are writing application code, it indicates an unhealthy amount of D&C.

As always, there are no absolute rules, it depends on the nature of the engagement.

[Epiphone]

Don't let the tail wag the dog. If the client needs you there at specific hours then that's what your business needs to supply. You're being a good business owner by adapting to your clients needs.

[boo.boo]

I agree, surely it's a balance between D&C and giving the client what they want.

[rapid]

Avoid specific hours at all costs, they're a pain in the backside & look very much like an employee to Hector.

Make sure the agent & client are both clear that you are a business & therefore within reasonable negotiation you will be providing your services at time intervals which may vary. Obviously if you start getting stupid like wanting to work when the office is shut you'll get shot down, but there's no reason why you cant pick your own hours on a daily basis.

Project work - easy enough
BAU Work - I usually say I will attempt to attend site when required but for most BAU (I am Senior Wintel) I will be supporting the client remotely.

Usually a quick chat with the client about IR35 gets them motivated enough to tell the agency whats at stake

Slightly off topic as apologies, I'm looking to contract from June this year as a Wintel Engineer/Admin - I've been searching around the forums with regards to IR35 and BAU.. a lot of the contracts I'm looking at are purely BAU work with no specific project/deliverables..

Is it just a case of this being in IR35? or is there steps I can take with regards to the contract and wording to push this outside IR35?

TY

[kevpuk]

Wow - thread revival........nearly 6yrs!!!!!!

<snip> or is there steps I can take with regards to the contract and wording to push this outside IR35?<snip>

Doesn't really work like this, I am afraid - even if you can get the contract nicely worded, it is the actual working practice(s) that will ultimately decide IR35 status etc.

[northernladuk]

Slightly off topic as apologies,

..and in a different decade...

I'm looking to contract from June this year as a Wintel Engineer/Admin - I've been searching around the forums with regards to IR35 and BAU.. a lot of the contracts I'm looking at are purely BAU work with no specific project/deliverables..

Is it just a case of this being in IR35? or is there steps I can take with regards to the contract and wording to push this outside IR35?

TY

Can't have searched very well, this is a very basic question and there is a ton of stuff in the links to the right and the forums to enable you to understand legislation to a point you can answer this yourself.

.. or is this just a nice bit of trolling?

[northernladuk]

So you need to establish if this is a real client requirement or an unimaginative/lazy pimp. Assume you have had an interview? If so, give the client a quick ring and discuss what he actually needs. Once agreed go back to the pimp and tell him what to put into the contract.

simples ...

I don't think boo.boo will get your reply...

boo.boo boo.boo is offline
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