Reply to: Has it come to this…

[Paralytic]

Small company exemption?

I'm sure I read something about that...

Small companies are exempt. Nothing to do with who makes the determination.

A small company being exempt from making a determination does not make the contract exempt from IR35.

[LondonManc]

Won't this 543 or whatever clause turn the contract inside IR35? As the client is exercising significant control and what is essentially an unpaid overtime would suggest employment contract rather than b2b.

Assess the work at hand first and consider everything else - would it be inside anyway? If so, you take it or leave it. If not, ask for the interim day rate equivalent (to cover your 'arris when you don't work full weeks, i.e. when you've got an interview for a proper contact) so that the IR35 worries go out of the window.

[LondonManc]

Who says it's the agents thst have imposed this?

Go for an interview, wait for the any questions section and ask "How long do you expect the 543 situation to last?"

You'll either get a reasonable answer or a WTF moment.

[Old Greg]

Work 5 days but get paid for 3? They sure get creative in difficult times, these agents, dont they? It's really no different to 'what's the lowest rate you'll work for?' but just asked a different way.

Why do people put up with this bulltulip in IT? Try telling your plumber or whoever you have a job that will take 5 days for them to do but you're only going to pay them for 3 days labour, see how many takers you get and that's before you see the quality of their work!

Nah, if it was me, it is work 5 days \ hours, whatever, bill and get paid for 5 days \ hours. I'd rather sit on my bum, go permie or find another way to earn money.

Nobody has to take the work.

[northernladuk]

Who says it's the agents thst have imposed this?

[TheDogsNads]

Work 5 days but get paid for 3? They sure get creative in difficult times, these agents, dont they? It's really no different to 'what's the lowest rate you'll work for?' but just asked a different way.

Why do people put up with this bulltulip in IT? Try telling your plumber or whoever you have a job that will take 5 days for them to do but you're only going to pay them for 3 days labour, see how many takers you get and that's before you see the quality of their work!

Nah, if it was me, it is work 5 days \ hours, whatever, bill and get paid for 5 days \ hours. I'd rather sit on my bum, go permie or find another way to earn money.

[SussexSeagull]

Ah, do you mean, if you pop a timesheet into the client for five days, for which the agent invoices for five.

But the contractor only invoices for three. Meaning the agent gets a percentage rake off five days, And two clear days' profit?

Did I get that right? If so, agreed. BJ might need to sort that with both client and agent.

Exactly.

[simes]

Ah, do you mean, if you pop a timesheet into the client for five days, for which the agent invoices for five.

But the contractor only invoices for three. Meaning the agent gets a percentage rake off five days, And two clear days' profit?

Did I get that right? If so, agreed. BJ might need to sort that with both client and agent.

[SussexSeagull]

I know needs must at the moment but I think it is a very bad road to be going down. Would certainly want it guaranteed it wasn't the agent pulling a fast one and constant reviews.

[ladymuck]

Small company exemption?

I'm sure I read something about that...

The small company exemption means if you do contract work for a small company (as defined in the draft legislation) the burden of deciding if the contract is in or out remains with you - same as today.

It's not an exemption from IR35.

[perplexed]

Er, IR35 does still apply - as of next April, its just who makes the determination that differs.

Small companies are exempt. Nothing to do with who makes the determination.

[PCTNN]

Er, IR35 does still apply - as of next April, its just who makes the determination that differs.

Small company exemption?

I'm sure I read something about that...

[Paralytic]

maybe it's a small company so ir35 doesn't apply?

Er, IR35 does still apply - as of next April, its just who makes the determination that differs.

[NotAllThere]

Do five days worth of work within 3 days and everyone is happy. Given most clients' expectations, it's not terribly difficult to achieve.

[PCTNN]

Won't this 543 or whatever clause turn the contract inside IR35? As the client is exercising significant control and what is essentially an unpaid overtime would suggest employment contract rather than b2b.

maybe it's a small company so ir35 doesn't apply?