The biggest issue here is that given the new IR35 rules no one has a clue what a good outside IR35 contract looks like.
I can see where the agency / end client is coming from - we can’t make them work so we don’t want a Barclays / old fashioned style no termination clause but we do need of discourage it and using money would provide a monetary risk element that looks great on the CEST form.
likewise requiring deliverables looks great
and the 45 days is there because no factoring firm is going to accept the terms and you need factoring to ensure you can pay within 30 days as the end client may not
So I can see how the contract has ended up how it is - but there is no way on earth I would sign it and being frank I can’t see how you would get enough changes made that made the contract sane
which means my advice would be to take any other option
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Reply to: All new - penalties?
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Previously on "All new - penalties?"
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Just sounds like they (the agent) are risk averse. Credit check the agent and client to see if you can find out why the agent are doing this.
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Yep, my gut feeling is that this is giving them permission to force unpaid work onto you at the end of contract.
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NotAllThere thanks - confirmed my gut feeling. I can already sense unpaid invoices and an inability to easily leave given the notice and payment terms...I have a couple of permie offers that pay not much less too so maybe time to convert
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I woulldn't sign such a contract, unless the rate was way high above average. Effectively, the agent/client is offloading risk. If you're part of a good team, then it'll be great. Otherwise not. Too much of this is out of your hands. I'd insist on meeting all other team members before even considering it. If the PM is a permie then forget it.
45 days is beyond normal, but can happen.
If you're interested, find ways of mitigating risk. And negotiate. You do not have to accept the conditions lain before ou.
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All new - penalties?
Haven't contracted in several years and it's all a
bit weird to me.
Is it normal to have a penalty clause that requires ££ if you don't provide/work a notice period? Is it normal to have to sign off deliverables (that you are not capable of delivering alone) before having time based invoicing accepted? Is it normal to wait 45 days for payment?
Am i wrong for being very nervous?
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