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
- Visitors can check out the Forum FAQ by clicking this link. You have to register before you can post: click the REGISTER link above to proceed. To start viewing messages, select the forum that you want to visit from the selection below. View our Forum Privacy Policy.
- Want to receive the latest contracting news and advice straight to your inbox? Sign up to the ContractorUK newsletter here. Every sign up will also be entered into a draw to WIN £100 Amazon vouchers!
Reply to: All new - penalties?
Collapse
You are not logged in or you do not have permission to access this page. This could be due to one of several reasons:
- You are not logged in. If you are already registered, fill in the form below to log in, or follow the "Sign Up" link to register a new account.
- You may not have sufficient privileges to access this page. Are you trying to edit someone else's post, access administrative features or some other privileged system?
- If you are trying to post, the administrator may have disabled your account, or it may be awaiting activation.
Logging in...
Previously on "All new - penalties?"
Collapse
-
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.
Leave a comment:
-
Yep, my gut feeling is that this is giving them permission to force unpaid work onto you at the end of contract.
Leave a comment:
-
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
Leave a comment:
-
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.
Leave a comment:
-
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?
- Home
- News & Features
- First Timers
- IR35 / S660 / BN66
- Employee Benefit Trusts
- Agency Workers Regulations
- MSC Legislation
- Limited Companies
- Dividends
- Umbrella Company
- VAT / Flat Rate VAT
- Job News & Guides
- Money News & Guides
- Guide to Contracts
- Successful Contracting
- Contracting Overseas
- Contractor Calculators
- MVL
- Contractor Expenses
Advertisers
Contractor Services
CUK News
- Streamline Your Retirement with iSIPP: A Solution for Contractor Pensions Sep 1 09:13
- Making the most of pension lump sums: overview for contractors Sep 1 08:36
- Umbrella company tribunal cases are opening up; are your wages subject to unlawful deductions, too? Aug 31 08:38
- Contractors, relabelling 'labour' as 'services' to appear 'fully contracted out' won't dupe IR35 inspectors Aug 31 08:30
- How often does HMRC check tax returns? Aug 30 08:27
- Work-life balance as an IT contractor: 5 top tips from a tech recruiter Aug 30 08:20
- Autumn Statement 2023 tipped to prioritise mental health, in a boost for UK workplaces Aug 29 08:33
- Final reminder for contractors to respond to the umbrella consultation (closing today) Aug 29 08:09
- Top 5 most in demand cyber security contract roles Aug 25 08:38
- Changes to the right to request flexible working are incoming, but how will contractors be affected? Aug 24 08:25
Leave a comment: