Client wants contract changed.

[peterc2609]

Before my next renewal the client wants to change my contract (New management etc)

They want to put a clause in dictating that I need to work 37.5 hours - even though I already do!?

They also want to change my notice period to 1 month... there isn't one on either side at the moment.

Are these OK in relation to IR35? Is there anything I shouldnt add, and are there any clauses extra I should add in relation to the above? i.e. anything after 37.5 to be paid overtime?? etc

Thanks in advance.

+++ Just realised that maybe this should be in the contract section ++++

[pmeswani]

Before my next renewal the client wants to change my contract (New management etc)

They want to put a clause in dictating that I need to work 37.5 hours - even though I already do!?

They also want to change my notice period to 1 month... there isn't one on either side at the moment.

Are these OK in relation to IR35? Is there anything I shouldnt add, and are there any clauses extra I should add in relation to the above? i.e. anything after 37.5 to be paid overtime?? etc

Thanks in advance.

+++ Just realised that maybe this should be in the contract section ++++

It's ok by IR35, as long as it doesn't dictate what hours you have to do (i.e. 9 to 5:30, etc). 1 Month notice isn't an IR35 fail, however, you may want to negotiate a lesser notice period as this would be more favourable () for you in terms of business practices.

[LisaContractorUmbrella]

Before my next renewal the client wants to change my contract (New management etc)

They want to put a clause in dictating that I need to work 37.5 hours - even though I already do!?

They also want to change my notice period to 1 month... there isn't one on either side at the moment.

Are these OK in relation to IR35? Is there anything I shouldnt add, and are there any clauses extra I should add in relation to the above? i.e. anything after 37.5 to be paid overtime?? etc

Thanks in advance.

+++ Just realised that maybe this should be in the contract section ++++

It would depend what else your contract contained but a dictated work schedule indicates control so it probably won't help

[peterc2609]

It would depend what else your contract contained but a dictated work schedule indicates control so it probably won't help

So are you saying I should keep away from the set hours?

Another clause mentions:

This Agreement shall commence on 20th May 2010 and shall continue until the parties terminate this agreement

Are contracts with no real end OK, or should I be asking for a new 3 month contract every time?!

[LisaContractorUmbrella]

So are you saying I should keep away from the set hours?

Another clause mentions:

This Agreement shall commence on 20th May 2010 and shall continue until the parties terminate this agreement

Are contracts with no real end OK, or should I be asking for a new 3 month contract every time?!

It depends. What is your role? Do you have an unfettered right of substitution? Are there permanent employees at the company performing the same role? Do you report to a line manager who gives you a work schedule? There are lots of indicators for IR35 and you really have to consider all of them to decide whether or not a role falls inside or outside of IR35. It may be worth having your contract reviewed by a professional but you will need to bear in mind that the contract must be an accurate reflection of your working practises.

HTH

[Sockpuppet]

It's ok by IR35, as long as it doesn't dictate what hours you have to do (i.e. 9 to 5:30, etc).

I hope not as my contract says I should do "A professional working day is for 8 hours per day commencing at 8:30 am and finishing at 5:30pm, with one hour for lunch break, Mondays to Fridays, excluding Bank Holidays." but I rarely do these hours. Then again it also says I work in London.

Overall accuracy doesn't seem to be a feature of this contract.

[NotAllThere]

Moved to Business/Contracts.

Work out how much extra tax you'll have to pay if your contract is IR35 caught. Then tell the client that that's how much extra they'll need to pay if they want the change.

[pmeswani]

I hope not as my contract says I should do "A professional working day is for 8 hours per day commencing at 8:30 am and finishing at 5:30pm, with one hour for lunch break, Mondays to Fridays, excluding Bank Holidays." but I rarely do these hours. Then again it also says I work in London.

Overall accuracy doesn't seem to be a feature of this contract.

Hmmm... I have been led to believe that stating hours in the contract is a IR35 pointer (of some sort) and that the contract should state the number of hours, rather than the actual hours required. I know with shift work, one would be required to work during certain hours, but that was the exception rather than the rule. I know the working hours on its own isn't an IR35 fail, but I been led to believe (can't remember by whom or when, sadly) that can be an IR35 pointer. If am wrong, then fair enough.

[TheFaQQer]

I hope not as my contract says I should do "A professional working day is for 8 hours per day commencing at 8:30 am and finishing at 5:30pm, with one hour for lunch break, Mondays to Fridays, excluding Bank Holidays." but I rarely do these hours. Then again it also says I work in London.

Overall accuracy doesn't seem to be a feature of this contract.

Since it's the reality of the situation rather than the written word, then it's pretty irrelevant in your case

[TheFaQQer]

So are you saying I should keep away from the set hours?

Another clause mentions:

This Agreement shall commence on 20th May 2010 and shall continue until the parties terminate this agreement

Are contracts with no real end OK, or should I be asking for a new 3 month contract every time?!

Personally, I tend to shy away from an open-ended contract, but it's just my preference. If I'm in contract, then I tend not to look for other opportunities, so if I was in an open-ended contract then subconsciously, I'd be there forever. If I have an end-date to work towards, then I can gear up mentally for looking for new work.

From a certain point of view, an open-ended contract might look more like one of employment, though. I'd get it reviewed professionally.