Anyone worked with Capitol International

[malvolio]

...or you could use the IPSE template, but you only have access to that if you're a member.

Nope, basic templates are available to anyone.

[MrMarkyMark]

I am slightly worried about this clause:

Why?

[manjack]

Looks like not many have worked with this outfit in the UK. They are present on Jobserve though with a limited amount of roles in France, Germany.

I am not sure why they have the Nature of Business (SIC) listed as 78200 - Temporary employment agency activities instead of the usual 7450 - Labour recruitment.

In the QDOS template, I am slightly worried about this clause:

19 LIABILITY

19.1 The Consultancy shall be liable for any loss, damage or injury to any party (including any loss, damage or liability incurred by the Employment Business whether under its agreement with the Client or otherwise) resulting from the acts or omissions of the Consultancy or its Staff (including substitute or replacement Staff) or from the acts or omission of any sub-contractor to whom the Consultancy sub-contracts the performance of the Consultancy Services whether or not such act or omission constitutes a breach of this Agreement and the Consultancy shall indemnify and keep indemnified any such party including, without limitation to the foregoing, the Client against any such loss, damage or injury provided that the total aggregate liability of the Consultancy shall not exceed in the case of liability covered by professional indemnity insurance <<£1,000,000>>.

19.2 The Consultancy shall ensure the provision of adequate insurance to cover the risk of a claim against the Consultancy (or its Staff or any sub-contractor) whether pursuant to the terms of this Agreement (including clause 19.1) or otherwise (including without limitation Employer’s Liability Insurance, Public Liability Insurance and any other suitable policies of insurance such as Professional Indemnity insurance in respect of the Consultancy and its Staff or any sub contractor). The Consultancy shall note the interest of the Employment Business with regard to all such policies of insurances and shall make a copy of all such policies available to the Employment Business upon request.

19.3 The Consultancy shall be liable for any defects arising as a result of the provision of the
Consultancy Services and the Consultancy shall rectify at its own cost such notified defects as may be capable of remedy.

19.4 The Consultancy acknowledges that the Staff provided is not an Agency Worker as defined under the Agency Worker Regulations 2010 and that the Agency Worker Regulations 2010 do not apply in relation to this Agreement. The Consultancy shall indemnify and keep indemnified the Employment Business (or as the case may be, the Client) against any losses the Employment Business (or the Client) may suffer as a result of any claim made by or on behalf of any of the Staff under the Agency Worker Regulations 2010.

[cojak]

That's a 'No' then.

And when agents push you to sign you can push back if you've put the contract in for review with QDOS or Bauer & Cottrell. Which you should do.

The QDOS template is a reasonable one, or you could use the IPSE template, but you only have access to that if you're a member.

[manjack]

Bump..

[manjack]

Does anyone have experience working with an agency called CAPITOL INTERNATIONAL (Capitol International Services).

I have managed to get a contract through them, the agent calls from Spain (spanish number on my caller id) but mentioned that they are registered as a limited company in the UK. I did a quick search on companies house and found they are "active since 2002" and the registered address is in London. However, nature of business SIC is mentioned as "78200 - Temporary employment agency activities".

Status: Active
Date of Incorporation: 24/10/2002
Country of Origin: United Kingdom
Company Type: Private Limited Company
Nature of Business (SIC): 78200 - Temporary employment agency activities

Someone on another thread has suggested that nature of business SIC should be "7450 - Labour recruitment".

http://forums.contractoruk.com/busin...html#post83560

Also they sent me a contract template which didn't look IR35 friendly and looked more like an employment contract.

So I sent them the qdos template and they have agreed to use it but with a 4 week notice period.

I am not sure if Qdos template is the best one to use. Can anyone suggest any better template?

I used the one from this page:

IR35 Resources
(MODEL CONTRACT Contractor to Agency template)

Also, the agency has been pushing me to sign the contract right away and I have told them that I will get it reviewed first and only after that I will sign. Basically, he wanted me to sign the contract within 20 minutes for his call as things were "moving fast".