Contract should detail number of days?

[sbsbsb]

Hey all,

I'm a newbie when it comes to contracting and was hoping someone could lend some advice on this.

I've been offered a software services consultancy contract, 1 year in length, with a specified day rate and number of hours per day. It doesn't however specify a number of days per month/week. Is this standard practice, or should a contract specify a number of days?

My fear is that they could effectively give me 0 days per month with no notice period (as this would be within the contract). If a number of days are specified, how can time off be negotiated without breaching the contract?

The company, whom I'm dealing with directly, say that the assumption is that it will be full months (excluding holiday and sickness pay).

Thanks for the advice, all!

Rich

[northernladuk]

The company, whom I'm dealing with directly, say that the assumption is that it will be full months (excluding holiday and sickness pay).
Thanks for the advice, all!

Rich

Houston, we have a problem <beep>

Guides are to the right but contractors don't get holiday and sickness pay.

You could go for 'Professional working day' which would assume roughly 9 to 5 Mon - Fri.

At the end of the day you will have a Mutuality Of Obligation clause in the contract which states the client doesn't have to give you work (and therefore don't have to pay you) and you don't have to accept it. So even if you had 9-5 Mon - Fri in your contract, they can say tell you there is no work anytime they want. You can have a contract with a years notice, if there is no work they are not obliged to pay you.

I think you had better read up on the guides before jumping in to contracts you don't understand.

[sbsbsb]

Houston, we have a problem <beep>

Guides are to the right but contractors don't get holiday and sickness pay.

Thanks for the response. Just to clarify, I'm aware that contractors don't get holiday/sickness pay, and this company isn't offering that - they're offering what is assumed to be full weeks unless I'm on holiday or taking time off.

My concern was over the lack of number of days specified, but I acknowledge your point about the mutuality of obligation.

Thanks!

[northernladuk]

You have clarrified with them this is a full time position? It isn't adhoc work or anything like that. I know it is an assumption it is Mon-Fri but this is normally a pretty sound one in a full time contract.

If they say full time, 9-5 I would be happy.

You had the contract reviewed for IR35 yet?

[sbsbsb]

I've confirmed verbally that it's full time, so you're probably right that there shouldn't be a problem. I was just surprised that this isn't laid out in the contract, and was wondering if that was standard practice.

As for IR35, I haven't had the contract reviewed yet - looking for someone local, but if you happen to have any recommendations or could give me an idea of how much this would cost, I'd love to hear it!

Thanks again!
Rich

[northernladuk]

I've confirmed verbally that it's full time, so you're probably right that there shouldn't be a problem. I was just surprised that this isn't laid out in the contract, and was wondering if that was standard practice.

As for IR35, I haven't had the contract reviewed yet - looking for someone local, but if you happen to have any recommendations or could give me an idea of how much this would cost, I'd love to hear it!

Thanks again!
Rich

I use QDOS who provide a number of free IR35 checks when you buy their PI/PL.. You do have PI/PL don't you?

There are a ton of articles here..

IR35 Legislation - Advice, Help and Information for UK Contractors

And Kate Cottrell of Baur and Cottrell has written something nice here. B&C can also do reviews for you...

How to Avoid IR35 CUK04 :: Contractor UK

[sbsbsb]

Getting PI/PL is on my todo list for the next couple of days - QDOS seems interesting, though I don't see any mention of free IR35 checks when you buy PI/PL, seems to be £85 a pop.

[northernladuk]

Getting PI/PL is on my todo list for the next couple of days - QDOS seems interesting, though I don't see any mention of free IR35 checks when you buy PI/PL, seems to be £85 a pop.

Hmmm, was about £240 quid with 5 or 6 a year from memory. Give them a bell to discuss. They also post on here but would go directly to them personally.

[sbsbsb]

Thanks northernladuk, I'll definitely look into that.

[SueEllen]

As for IR35, I haven't had the contract reviewed yet - looking for someone local, but if you happen to have any recommendations or could give me an idea of how much this would cost, I'd love to hear it!

If you are going direct, it's your first time and you aren't a member of PCG then get the entire contract checked out as IR35 isn't your only worry.

Oh and your accountant, solicitor or whatever advisor doesn't have to be local.

They just need to be able to use the telephone and respond to emails promptly. Believe it or not some local bods are incapable of doing that there as someone further from you has learnt those skills.

I often hear people in those professions talking to clients when they are walking down the street or waiting for a train.