If it's only 4 weeks, I'dbe more concerned about any other restrictive clauses (e.g. going direct or through a different agency) than anything IR35 specific.
That said, regardless of contract length, I would never start work without agreeing the contract in writing.
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Reply to: Starting work without a contract?
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Previously on "Starting work without a contract?"
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In regards to the one sided nature of the contract, welcome to contracting
...but As others have said, for a 4 week contract you don't need to stress to much about it as you are not really going to fall foul of IR35 (your main worry after payment) on such a short term contract, just make sure the terms about payment are to your satisfaction rest (as long as standard agency to contractor stuff) is pretty much imaterial
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Don’t start anything, especially going onto a client’s site, without a contract. You are not covered by anybodies insurance for a start and they could refuse to pay you. At least get some form of document (like a purchase order?) if you do decide to go ahead without an agreed contract.
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Originally posted by pmeswani View PostWhilst I agree with what the other posters have said, if you are not happy with the contract prior to review, then don't go onsite to the client until it has been reviewed, otherwise you will have deemed to have accepted the contract even if it is not signed.
WHS
4 weeks may be short enough to take the risk - but if they want to extend they will not want to change the terms as you had basically accepted them in the first place.
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for 4 weeks, its not worth working up a sweat. Do the work get the dosh and forget it.
good luck newbie person
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If it's only a 4 week contract, then (i'm guessing) the value would fall inside what you pay yourself PAYE, and so it wouldn't matter whether the contract was inide or outside IR35.
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Whilst I agree with what the other posters have said, if you are not happy with the contract prior to review, then don't go onsite to the client until it has been reviewed, otherwise you will have deemed to have accepted the contract even if it is not signed.Originally posted by floehopper View PostRegarding the contract, I think the main issue is the lack of a right of substitution clause.
Can you explain in what sense IR35 is a non-issue for a 4-week contract?
Thanks.
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Well, you're hardly a disguised permie!Originally posted by floehopper View PostCan you explain in what sense IR35 is a non-issue for a 4-week contract?
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Regarding the contract, I think the main issue is the lack of a right of substitution clause.
Can you explain in what sense IR35 is a non-issue for a 4-week contract?
Thanks.
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What is the problem with the contract? Is it so bad that working the 4 weeks will make you worse off in the long run. If so please explain?
PS: On a 4 weeker IR35 is a non-issue.
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This topic has been done to death. From my understanding is that if you start a contract, then you have deemed to have accepted the contract, even though you haven't signed it, or seen the final version. If I were you, I would send it over to an IR35 specialist immediately and tell the agency that you can't start until you have had the contract reviewed and that you are happy with the T's & C's. If they are not happy with that, then you could always tell them to find another contractor to take on the role.Originally posted by floehopper View PostI'm a newbie contractor, so sorry if I'm asking a dumb question.
I've agreed (but not signed) a 4-week contract. They want me to start work immediately , but I've only just received their draft contract. I think I need to make some modifications/additions to the contract - both for IR35 purposes and to make it a little less one-sided. Ideally I'd like to get it reviewed by a lawyer.
Do you think I'd be better (a) off starting work without a contract and then signing an improved one in a couple of days time; (b) signing the existing contract as is, and then signing an improved one in a few days time; or (c) refusing to start work until the contract is sorted?
Which is the least worst option? I do have reasons to trust that the client will behave reasonably, but I suppose I shouldn't be too naive. Maybe the client won't be prepared for me to do (a) or (c) in which case I'll have to do (b)...?
Also can anyone recommend a good, fast contract review service? Will they point out anything other than IR35 e.g. one-sided clauses?
Thanks.
HTH.
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Starting work without a contract?
I'm a newbie contractor, so sorry if I'm asking a dumb question.
I've agreed (but not signed) a 4-week contract. They want me to start work immediately , but I've only just received their draft contract. I think I need to make some modifications/additions to the contract - both for IR35 purposes and to make it a little less one-sided. Ideally I'd like to get it reviewed by a lawyer.
Do you think I'd be better (a) off starting work without a contract and then signing an improved one in a couple of days time; (b) signing the existing contract as is, and then signing an improved one in a few days time; or (c) refusing to start work until the contract is sorted?
Which is the least worst option? I do have reasons to trust that the client will behave reasonably, but I suppose I shouldn't be too naive. Maybe the client won't be prepared for me to do (a) or (c) in which case I'll have to do (b)...?
Also can anyone recommend a good, fast contract review service? Will they point out anything other than IR35 e.g. one-sided clauses?
Thanks.Tags: None
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