Reply to: Mandatory Holidays

[moorfield]

Update... the variation agreement is ok'd by Qdos. Think the pimp has just put a typo on the payment terms which I'll correct myself. Pretty happy with that all things considered, and I'm on a 4 day week for the summer.

[Bluebird]

"Payment will be exclusive of any VAT which may be chargeable. "

Either they meant to say "inclusive" or they mean they'll pay the VAT seperatly - either way they have to pay it to you so you can pay to Hector.

I'd call them up to clarify...

[NickNick]

Just agreed a 4 day week July -> September.

I'm on a 2 day week here till October, which cuits me down to the ground. Means i get three days a week extra for plan b. (Heir and spare)

[Lewis]

Just agreed a 4 day week July -> September.

No that's not fair! Well done, am very jealous

[moorfield]

Just agreed a 4 day week July -> September.

[moorfield]

Quick update from me ....

Our invoicing days have been capped at 220 days/year, backdated to Jan 2008, for year 2008. Got the variation agreement from pimps today, so that is going off to Qdos for their opinion tomorrow.

The payment terms have also varied slightly, and this one puzzles me - opinions please!

Payments for the Services shall me made in accordance with the Agreed Rate and with the authorised timesheets. Payment will be exclusive of any VAT which may be chargeable.

So now I find myself in the happy position of having to fit in 25 non invoicing days in the next 6 months!

[RichardCranium]

Ts&Cs - incorrect use of '.
__________________
This entire forum can be replaced with the following Sinclair BASIC program:- 10 PRINT "The information is already out there, why are you asking dumb questions stupid newbie?"; 20 GOTO 10; RUN

Incorrect use of ;. Either:

10 PRINT "The information is already out there, why are you asking dumb questions stupid newbie?"
20 GO TO 10

or

10 PRINT "The information is already out there, why are you asking dumb questions stupid newbie?": RUN

[chris79]

Or who only focus on the contract T's&C's and act in a manner that takes them inside IR35!!

Ts&Cs - incorrect use of '.

[Mustang]

yet don't have any cover in place for defence costs.

Or who only focus on the contract T's&C's and act in a manner that takes them inside IR35!!

[Lewis]

As I have a slight concern about how this is might be worded in renewed contracts here, I was idly chatting this morning to another contractor here (not Lucinda, sadly, but a good approximation) who has just renewed, about her new contract terms.

"Oh I don't really know, I didn't bother looking".

So the conversation moved on to more general matters such as IR35, Arctic Systems etc.

"Oh I don't really know, what's IR35?". (I am not joking).

I am continually coming accross seasoned contractors who know all about IR35 yet don't have any cover in place for defence costs. I find that just as strange.

[Mustang]

My own take on this is a couple of points:

1) Your contract is with the agency. The agency have a contract with the end client. If the end client wants to do this then the agency would need to sign a form with the end client and the agency would have to sign an amendment and negotiate it with you/YourCo

2) What they are effectively saying is "I want you to do X amount of work in 47 weeks for Y pounds" rather than "x amount of work in 52 weeks for Y pounds". If that is the case, I would rather have a new contract spelling that out rather than some underhanded method like this.

In my opinion, the end result is the same, but this is a more business like approach.

[Lewis]

Thanks for all the replies. I think I'm going to insist I get the new clause (correctly worded) added as an amendment to the agency contract I have already signed.

[moorfield]

As I have a slight concern about how this is might be worded in renewed contracts here, I was idly chatting this morning to another contractor here (not Lucinda, sadly, but a good approximation) who has just renewed, about her new contract terms.

"Oh I don't really know, I didn't bother looking".

So the conversation moved on to more general matters such as IR35, Arctic Systems etc.

"Oh I don't really know, what's IR35?". (I am not joking).

[Integrity]

Recently I hired sales, marketing and graphic design expertise for my business. We agreed what was required moving forward, and the work was completed in stages. During one key part of the project, it was necessary to suspend the work for a period of time. The individual pieces of work that were in progress were completed, and work that hadn't started was suspended for a couple of months.

This is business, and the way business works. The client is the one paying they bill, they get to chose what they pay for. If they don't want your services during a 5 week period, don't provide them. However you choose to look at it, "He you pays the piper choses the tune!", and that will always be the case.

Your responsibilty is to decide how services will be provided. If someone in a restaurant wants egg and chips for breakfast, they want egg and chips, and they want it for breakfast. Arguing about what they eat, and when the eat it is not your concern, just as how you cook chips and eggs is your business.

Perhaps the mature option from your business perspective is to write a formal letter confirming that services to be provided by your business will be suspended as discussed until an agreed time in the future when services will resume.

As for the 3 party contract, I don't really have any comments, other than to ask if the client will actually sign the contract, or are they just named in it?

Integrity

[chris79]

I think some people take IR35 too seriously. If the client is requesting that you do -not- work for a specified time, then as a business you should be able to accommodate their wishes in the interest of keeping business with them?.. like the previous poster, the chances of it ever coming to light are pretty much nil. Just say that YOU dictated to them you would not be working these weeks if anyone ever asks.