Contract Terms and Conditions

[TheFaQQer]

their needs to be a parity of terms, normalise any notice period differences between client and service co

There

[richy]

their needs to be a parity of terms, normalise any notice period differences between client and service co

[Pondlife]

Professional Contractors Group

[EzydoesIT]

Yes, join the PCG and use theirs...

And since I'm 'tupid....who\what are PCG??

Thanks

[malvolio]

Anyone have a contract template which has the relevant IR35 "friendly" sections in?

Sorry, it's probably been done to death somewhere else but I'm new to forum.

Thanks in advance.

Yes, join the PCG and use theirs...

[EzydoesIT]

contract templates?

add in the appropriate clauses for IR35.

.

Anyone have a contract template which has the relevant IR35 "friendly" sections in?

Sorry, it's probably been done to death somewhere else but I'm new to forum.

Thanks in advance.

[Old Greg]

That's what they do in other trades. Imagine producing a contract, with T&C, for your plumber to sign? No, the supplier supplies on his terms.

Except in IT contracting, where you supply on the agent's terms. Nothing to stop you coming up with a contract and asking you to sign it. You'll probably be laughed out the door, though I'd love to hear otherwise.

I'm not sure this is unique to contracting but instead is about disparity in size. I bet Farmer Jones has to use Tesco's contract and not the other way round.

[thunderlizard]

probably be laughed out the door, though I'd love to hear otherwise.

not in my experience.
A pleasure to tell you otherwise!

tl

[Euro-commuter]

Can I print out a IR35 compliant contract between me and an agent and get them to agree to that?

That's what they do in other trades. Imagine producing a contract, with T&C, for your plumber to sign? No, the supplier supplies on his terms.

Except in IT contracting, where you supply on the agent's terms. Nothing to stop you coming up with a contract and asking you to sign it. You'll probably be laughed out the door, though I'd love to hear otherwise.

[Gonzo]

Is it common practice to re-word an agencies contract? wouldn't it be better letting a legal person check it out (i take that back if you are already)?

I am about to embark on contracting and I thought the agency contract would be cool and IR35 compliant but to be on the safe side I should let a legal bod check it out. Can I print out a IR35 compliant contract between me and an agent and get them to agree to that?

Never trust what an agent tells you about the IR35 compliance of their contract. Get them checked out (the first few until you know what you are looking for). There are a few firms that will do this service (for a fee) and in some cases will negotiate with the agency on your behalf. They advertise on this site.

You can get an IR35 compliant contract and ask them to sign it. But what do you do if they argue some points with the contract? Do you know enough yourself to be able to negotiate?

[a7awo]

Is it common practice to re-word an agencies contract? wouldn't it be better letting a legal person check it out (i take that back if you are already)?

I am about to embark on contracting and I thought the agency contract would be cool and IR35 compliant but to be on the safe side I should let a legal bod check it out. Can I print out a IR35 compliant contract between me and an agent and get them to agree to that?

[ASB]

OK, just found the exact same question in a previous thread. Sorry guys.

So if no notice period is normal for contractors, and helps the IR35 cause, is there a "contractor"-friendly way to make them pay-out a contract if they wish to terminate?

That would be a termination clause. Something like

"In the event this agreement is terminated by X a payment of Y will become due to the supplier"

Not likely to get it agreed though.

[digital_nomad]

OK, just found the exact same question in a previous thread. Sorry guys.

So if no notice period is normal for contractors, and helps the IR35 cause, is there a "contractor"-friendly way to make them pay-out a contract if they wish to terminate?

[Gonzo]

Notice is for permies not contractors.

HTH

[digital_nomad]

Hi, hopefully someone can provide me with some advice. I'm currently in the process of negotiating a contract with an agency. I'm in a good position as the client definitely wants me and we have agreed on a rate, however, due to company policy I have to work through the agency. I've received the agency's "standard contract" and will amend the overtime rate, etc and add in the appropriate clauses for IR35.

There is one section I'd like some advice on - The Termination of the Agreement section. The contract is for 3 months initially, however, this section says they can terminate me without notice. I am taking this contract over another six month contract, and would therefore like to secure the contract for the entire 3 months or have them pay it out if they want to terminate me. Is this reasonable? Have you guys added similar terms to any of your contracts? I know my previous contract required 1 month notice of termination.