New job offer...now who creates the contract??

[SueEllen]

Eh? Were you looking for more of a disguised employee look to the contract then? Seriously though, I'm wondering what was it about them that "didn't fit the relationship"?

Probably because the wording of properly written legal contracts looks scary to some people especially when you know the person before you agreed to do some work for the company they are associated with.

Personally having had contracts through people I know I prefer them to unambiguous and properly drafted.

[Wanderer]

The PCG templates are very much about avoiding IR35 (which of course they don't by themselves), and to me didn't really fit the relationship I'd want to have with the client.

Eh? Were you looking for more of a disguised employee look to the contract then? Seriously though, I'm wondering what was it about them that "didn't fit the relationship"?

The PCG templates are much like most of the B2B contracts I've seen. Importantly, they make it clear that you are running a consultancy business rather than a permie-tractor and they address things like intellectual property rights etc. I don't think they are especially harsh, just businesslike.

[VectraMan]

I did a short direct contract recently, and I'd agreed with the client it was just going to be done with a purchase order. But then the client decided they wanted a contract, and came up with one that was a cut and paste job from something wholly inappropriate. So I had to go back and suggest a load of changes, and the whole thing became a PITA.

The PCG templates are very much about avoiding IR35 (which of course they don't by themselves), and to me didn't really fit the relationship I'd want to have with the client.

If an umbrella will do it for you, then I'd do that.

[Steven@Parasol]

I've just received a job offer for a 3 month contract. It's direct with the client and isn't highly paid. I haven't contracted in nearly 10 years and it's previously always been through an agency. So my question is who draws up the contract in this instance? Will an umbrella company have templates they can use? Are there other companies who can do it for me? I don't know where to start, but the job starts Friday!

This is bread and butter for umbrella companies, 20 per cent of our contractor employees are engaged directly by the end client.

Using us as an example, we could provide a contract template and can liaise with your client on your behalf.

If the client is a big corporate or regularly works with contingent labour then chances are they will have their own template contracts as well.

[JamJarST]

If it was just a short 3 month contract thats all. The ltd is always the best option for me if this is something you are going to do long term. Thats just my opinion.

You mean if he only does a 3 month contract and then goes back to permie? Sorry wasn't clear that is what you meant.

[eek]

On what do you base that statement? Many of us have short term contracts and run our own Ltd's.

I think it's the fact it is a 3 month contract and he hasn't contracted in 10 years so doesn't have a limited company.

Beyond that I can't really give any advice without more information.

[Jeremiah@RHJAccountants]

On what do you base that statement? Many of us have short term contracts and run our own Ltd's.

If it was just a short 3 month contract thats all. The ltd is always the best option for me if this is something you are going to do long term. Thats just my opinion.

[JamJarST]

If you are a ltd the contract is your responsibility and if you do get a longer contract you must be aware of IR35. If you use the umbrella which is best for short term contracts you will stay clear of IR35.

It all depends on if you want be in contracting for a long time!

Hope this helps.

On what do you base that statement? Many of us have short term contracts and run our own Ltd's.

[Jeremiah@RHJAccountants]

I've just received a job offer for a 3 month contract. It's direct with the client and isn't highly paid. I haven't contracted in nearly 10 years and it's previously always been through an agency. So my question is who draws up the contract in this instance? Will an umbrella company have templates they can use? Are there other companies who can do it for me? I don't know where to start, but the job starts Friday!

If you are a ltd the contract is your responsibility and if you do get a longer contract you must be aware of IR35. If you use the umbrella which is best for short term contracts you will stay clear of IR35.

It all depends on if you want be in contracting for a long time!

Hope this helps.

[Zippy]

Do you really need a contract or would a purchase order etc do? (depends if you are umbrella vs ltd I suppose). If you are via a brolly then call and ask them.

Best of luck with it anyway.

[craig1]

If you're a ltd company and you don't mind paying out for PCG membership, you can get a contract here.

Alternatively, if you're going through an umbrella, they might be able to help with a template.

[Lovyan]

I've just received a job offer for a 3 month contract. It's direct with the client and isn't highly paid. I haven't contracted in nearly 10 years and it's previously always been through an agency. So my question is who draws up the contract in this instance? Will an umbrella company have templates they can use? Are there other companies who can do it for me? I don't know where to start, but the job starts Friday!