Has anyone actually ever executed the substitution clause of their contract? I'm seriously considering jumping ship on my current gig and know someone who would be more suited to the role, or maybe one of you lot on the bench might be up for it.. but wondered in reality, how often this happens.
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Don't think the agency of the Clientco would be very happy but its worth a try if your that unhappy. -
Based on my past contracts I thought this meant that the client/agency could substitute someone for me and not that I could substitute someone for me. I would substitute an off-shore worker for £50 day and pocket the difference.Originally posted by kookachoo View PostComment
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you recomending a replacement is not substitution (in the IR35 sense)
A substitution, is: your Limited company continues to bill the client and pays the person who you send in as the sub.
I imagine that this happens infrequently (in IT)
timComment
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Hence, why HMRC are pushing very hard (Dragonfly etc..) to show that substitution is a sham.Public Service Posting by the BBC - Bloggs Bulls**t Corp.
Officially CUK certified - Thick as f**k.Comment
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IMHO it would depend on the person being substituted. For me, If I had a desire to call on a substitute, I can look to my Ltd's other employee who is far better qualified (for the sme role) as I am, so could probably demand a higher rate on the market than I but is currently benched. Hopefully this would mean that the client would be happy woth the sub, after all, they are getting a better resource for less than they are worth.
NN"Israel, Palestine, Cats." He Said
"See?"Comment
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I've done it. Its easy, provided that the client understood from the outset that the contract is to deliver an effect (i.e. a delivered project or service), rather than a warm body.
However, if you started out with a client thinking that this was all about warm bodies, then you're probably wasting your time.Comment
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