Contract question

**mudskipper** · 30 August 2013, 21:07

Originally posted by zappakat View Post

Argh, so I've had my contract IR35 reviewed and it's been given the relative all clear. However my question concerns the commercial aspect.

Reading it myself I note that there is a start date, a finish by date (including duration) and an hourly rate.
There is no indication of required service frequency during those dates.

e.g. Over x amount of months they could request I only do 5 hours a month. I know it's not probable but it is possible.

I've been looking at the First Timers section on the right, specifically Guide to Contracts - Contract help for IT Contractors :: Contractor UK
Some of which states these contracts have been drawn up by professionals and you can't change things on a whim etc.

I know this is my first contract but is it wrong to ask how many hours a week I would be expected to provide?
Or should I be expected to take a leap of faith?

Fair enough I've not seen one before but I thought it might include a minimum x number of hours per week, anything above to be agreed in advance etc.

Regards
Z

Having your contract reviewed is a great start. An hourly rate is good - it means they're less likely to take the piss than with a 'professional working day'. I would ask the agency to confirm how many hours a week you will be required to work, and whether that is guaranteed before committing yourself.

**zappakat** · 30 August 2013, 23:25

Thanks for the reply mudskipper.

I've sent them an email, I just wasn't sure I was in the right for asking them to clarify it.

**Contreras** · 31 August 2013, 09:00

Originally posted by zappakat View Post

Argh, so I've had my contract IR35 reviewed and it's been given the relative all clear. However my question concerns the commercial aspect.

Reading it myself I note that there is a start date, a finish by date (including duration) and an hourly rate.
There is no indication of required service frequency during those dates.

e.g. Over x amount of months they could request I only do 5 hours a month. I know it's not probable but it is possible.

... I thought it might include a minimum x number of hours per week, anything above to be agreed in advance etc.

It's OK and not uncommon to state a maximum no. of hours (above which requires agreement). However, contracting for a minimum no. of hours creates an obligation that puts it inside IR35.

You're are right to be looking at the commercial aspects. You can ask the client and/or agent for expectations on working hours - the agent will want you in there 24/7 if they could! If reality then fails to meet your expectations then you can renegotiate terms or, more likely, serve notice and move on.

**mudskipper** · 31 August 2013, 12:19

Originally posted by Contreras View Post

It's OK and not uncommon to state a maximum no. of hours (above which requires agreement). However, contracting for a minimum no. of hours creates an obligation that puts it inside IR35.

Your are right to be looking at the commercial aspects. You can ask the client and/or agent for expectations on working hours - the agent will want you in there 24/7 if they could! If reality then fails to meet your expectations then you can renegotiate terms or, more likely, serve notice and move on.

Yes, good point. Guaranteed hours not IR35 friendly - what you want is an expectation of what the client thinks they'll need.

Contract question