Making up for non-worked days of a contract ? and IR35.

[blacjac]

Mutuality of Obligation.


They are abliged to give you work (or pay you for doing nothing) and you are obliged to perform any work they give you.

A big no no IR35 wise

[Badger]

Excuse my ignorance, but MOO = ??

Is there a glossary of acronyms anywhere?

[malvolio]

But I think you'll be told that either it's neutral or at best a weak defence. You are selling a parcel of work that is a precise 60 days long, rather than supplying services for a calendar-based period, but neither imply (or deny) MOO as long as you invoice and are paid for actual days worked.

[Likely]

Tricky one as far as IR35 is concerned I'd ask over at the PCG forums.

You are being paid for all 60 days I assume?

I will ask at PCG , thanks.

[Jog On]

Apparently , the agent and the client have agreed that a contract for , say 3 months - 60 days , needs to be completed in full. i.e the contractor needs to work full 60 days , making up for any missed days.

Is it IR35 friendly if a contract is for a duration in days - say 60 days instead of being fixed in dates - say from 1st May until 1st July ? The reason being that the 60 days might not be worked consecutively?

Tricky one as far as IR35 is concerned I'd ask over at the PCG forums.

You are being paid for all 60 days I assume?

[Likely]

Never heard of this.

I bill by the hour so if I take a day off my weekly invoice shows the total amount of hours - 8

Is the client asking for this or is it the agent asking you to make up for days you had off and didn't get paid for?

Apparently , the agent and the client have agreed that a contract for , say 3 months - 60 days , needs to be completed in full. i.e the contractor needs to work full 60 days , making up for any missed days.

Is it IR35 friendly if a contract is for a duration in days - say 60 days instead of being fixed in dates - say from 1st May until 1st July ? The reason being that the 60 days need to be worked in full even though not consecutively ?

[Jog On]

Never heard of this.

I bill by the hour so if I take a day off my weekly invoice shows the total amount of hours - 8

Is the client asking for this or is it the agent asking you to make up for days you had off and didn't get paid for?

[Likely]

Depends what your contract says I suppose. If it says contract duration is 100 working days then any days you took off you should add to the end of it, but if it says duration is until 31st May then No you shouldn't.

I've never seen a contract that says the former...

In my contract I have a commencement date , end date and duration in days.

I've been 6 months with the client on 3 month extensions. Obviously you are off from time to time. I am just wondering if other contractors are being asked by their agents to make up for days off ....

[DiscoStu]

Of course not.

You take days off from time to time. My current agent is a bit greedy and wants days that were taken off to be worked/billed post contract . I think this has an implication on MOO. Besides this my contract is the standard PCG one.

Sounds like a greedy agent to me...

[Likely]

Were these days you were paid for when you took them off?

Of course not.

You take days off from time to time. My current agent is a bit greedy and wants days that were taken off to be worked/billed post contract . I think this has an implication on MOO. Besides this my contract is the standard PCG one.

[MrRobin]

Depends what your contract says I suppose. If it says contract duration is 100 working days then any days you took off you should add to the end of it, but if it says duration is until 31st May then No you shouldn't.

I've never seen a contract that says the former...

[DiscoStu]

Is your agent asking you to work additional days post contract-end to make up for any days which you took off during the contract ? How to handle this IR 35 wise ?

Were these days you were paid for when you took them off?

[Likely]

Is your agent asking you to work additional days post contract-end to make up for any days which you took off during the contract ? How to handle this IR 35 wise ?