Reply to: Contract typically provided by contractor or employer?

[bigugly]

Mmm seems it might be worth having the PCG contract(s) up my sleeve just in case.

[DirtyDog]

I'm direct, they provided their standard contract, which was as IR35 friendly (if not more so) than agency contracts I've had.

They deal with lots of contractors, though, so I would expect them to have a decent contract.

[DirtyDog]

I think they assumed I'd happily work without one. It was kinda a lacksidasical arrangement, but very profitable!

lackadaisical

[Contreras]

I'm new here and couldn't find an answer to this question - is it the contractor or the employer that typically provides the contract? Assuming the contractor's using their own limited company so no intermediary.

Resources - IR35 Hub - Model Contracts

If it's direct then ideally you'd supply your own terms and the client will just accept it. In practice if it's a small company they'll typically agree with a few wording changes.

If the co. is large enough to have its own HR dept. then more than likely they'll want to impose their own 'standard' contract. Unfortunately this can be a fixed term employment contract re-worded and butchered by the in house 'expert'. This is exactly what I had to deal with on the current gig but after a few emails, the employment pointers ripped out one by one and replaced with the salient clauses from the PCG contract. Would have been so much easier if they had accepted those terms to start with!

If it's via an agency then the agency will certainly supply the contract (you'd have to be worried if they didn't!). The smaller (one-man-band) agents might use the PCG template from when it used to be a free download although you still have no guarantee of what they are using for the contract with the client.

[SarahL2012]

I've used the PCG contract twice when the client didn't have a suitable contract of their own - one sent me something that was pretty much an edited version of their employment contract which I had to politely decline.....

[mudskipper]

Just out of interest, is that because you got yours out first before he could whap his on the table or was it expected you to use yours?

I think they assumed I'd happily work without one. It was kinda a lacksidasical arrangement, but very profitable!

[Mephisto]

Just out of interest, is that because you got yours out first before he could whap his on the table or was it expected you to use yours?

*Snigger*

Sorry I have nothing constructive to add...

[northernladuk]

When going direct (twice), I supplied the contract on both occasions. Guess it depends on the client, and how used to taking contractors on directly they are.

Just out of interest, is that because you got yours out first before he could whap his on the table or was it expected you to use yours?

[mudskipper]

When going direct (twice), I supplied the contract on both occasions. Guess it depends on the client, and how used to taking contractors on directly they are.

[northernladuk]

Probably referring to this....

Good call. Makes sense.

[kevpuk]

Ah, good call! Will stick with client then. And thank you .

What?

Probably referring to this....

You might want to think about your use of the term "employer" before going too far.

[northernladuk]

Ah, good call! Will stick with client then. And thank you .

What?

[bigugly]

Ah, good call! Will stick with client then. And thank you .

[northernladuk]

If there is an agent is involved it will always come from the agent and need checking for IR35. If it is direct with a large client using a lot of contractors it will come from them. I have never had to provide the contract but you may have to supply it to some clients if you are direct.

[DirtyDog]

Hi,

I'm new here and couldn't find an answer to this question - is it the contractor or the employer that typically provides the contract? Assuming the contractor's using their own limited company so no intermediary.

Thanks in advance.

You might want to think about your use of the term "employer" before going too far.