With my contract coming to an end, I am starting to look around again.
Twice in the past week I have been speaking to an agency who have sent me a work finding services agreement to sign.
Not had this before, usually I just have to reply with a right to represent email. I have noticed in both agreements (and have questioned) the following clause:
Now I have pushed back on 3 things:
1 - If this is an agreement about work finding services why have you got clauses related to what happens when you do find me a gig
2 - This clause stinks of IR35
3 - IF I was to sign this...and then you do find me a work and a another contract is drawn up that is IR35 friendly (i.e. doesnt have this clause). In the case of an investigation which contract 'wins' out.
As mentioned I have never had to sign a work finding agreement before, its usually just a right to represent for a role.
Thoughts?
MU
Twice in the past week I have been speaking to an agency who have sent me a work finding services agreement to sign.
Not had this before, usually I just have to reply with a right to represent email. I have noticed in both agreements (and have questioned) the following clause:
terms that apply to each Assignment
3. In respect of each Assignment
(i) unless expressly agreed otherwise be subject to the direction, supervision and control of the Hirer or End User to the extent necessary for the proper provision of the Specified Services and comply with such rules and regulations of the Hirer or End User as are relevant to external contractors
3. In respect of each Assignment
(i) unless expressly agreed otherwise be subject to the direction, supervision and control of the Hirer or End User to the extent necessary for the proper provision of the Specified Services and comply with such rules and regulations of the Hirer or End User as are relevant to external contractors
1 - If this is an agreement about work finding services why have you got clauses related to what happens when you do find me a gig
2 - This clause stinks of IR35
3 - IF I was to sign this...and then you do find me a work and a another contract is drawn up that is IR35 friendly (i.e. doesnt have this clause). In the case of an investigation which contract 'wins' out.
As mentioned I have never had to sign a work finding agreement before, its usually just a right to represent for a role.
Thoughts?
MU
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