Odd contract (and it's my first)

[mulungu]

Hello everyone. This might not be the appropriate place to get advice, but I'm totally lost here. Any help or comments will be very much appreciated.

Well, for starters, I do not work through an agency. I got a job offer from a small company I was briefly involved with in the past. In the beginning, I assumed they would properly hire me as an employee with a fixed-term contract, as they mentioned I would get paid monthly. However, I just received the contract (which I haven't signed yet, of course) and it bluntly states they I am to be hired as a contractor.

And there's more, despite being a "contractor", according to the contract I have no control over the hours I work (they are to be determined by the company), although the contract does mention I might have to work additional hours (to this yet undetermined amount of time) and without being paid extra for it (???).

As I said according to the contract I am to be paid monthly (which again sounds like employee status), and I have no right of substitution (they just want me, and me only). It is fairly obvious that this is an attempt to use me as an employee and dodge the taxes and the benefits and everything, but wait, there's more. The contract states I may be asked by the company to move at any place (and very possibly, abroad), at any time, for a short time or an extended one ("permanently" was the word, as I recall), and I don't even get to be compensated for it, although I might be offered "a package" as indicated by company policy (lucky me!).

Of course, I have no idea about company policy, and the term is frequently brought up here and there throughout the contract. Did I mention my duties are also not explicitly described? Surprise duties, yeah! Still though I may be required to undertake other duties as well, so more surprise duties! Finally, the money is ok for an employee, but for a contractor, well that's another story...

These are a few of the most obvious things that make this contract just plain wrong. I bet there's a lot more hidden there, since I haven't had a solicitor check it out, and to be honest, I don't know if I can even afford one right now. The thing is, how do you recommend I deal with this? Should I try to negotiate the terms and hope for a better deal, or should I just ditch them altogether? I'm really disappointed by the offer, I expected at least some respect. Unless of course if that's how companies do business, which I wouldn't know since this is the first offer I've had.

Thanks in advance to anyone offering an opinion. Cheers.

[cojak]

Welcome!

If you haven't seen the company policy how can you sign up? Ask for the company policy ASAP.

And you are wondering correctly. I'm surprised that you haven't mentioned IR35 as you seem to have researched well enough to ask the right questions.

Regarding negotiation - if you don't ask you don't get. Try it before you ditch the contract.

I wouldn't take the contract myself, but if it's short enough it might be ok for you.

Your call really.

[Contreras]

I think my first point in negotiation would be to politely question if they had sent the correct contract, based on previous discussion that you assumed they were looking for an employee. That throws the ball back at them without rejecting the offer.

Does the contract expect you to be Ltd Co. or could you contract as self-employed? Most companies that understand what they are doing will rule out the later but it could be an option in your case.

If you're happy with either permanent or contractor status then give them the choice, but state your terms. E.g. as a contractor you would be "in business on your own account". If they want you to sell your soul then it'll cost £xx whatever.

QDOS have a client direct template contract which you could offer up as a solution. PCG/IPSE also have templates for members only. The contract should be supplemented with a mutually agreed Schedule for the work.