Contract terms for "flexible" working.

[monoceros]

I have a contract coming up that involves my working variable number of days per week (based on the clients workload). We have agreed that the contract will cover a minimum of three days per week (i.e. I will bill for 3 days minimum, regardless of what I actually do) with additional time as required (e.g. when there is a major new release being worked on). I have actually been working indirectly with this client for 18 months via a third party and we have mutually agreed to transfer the contract in this way.

I am looking for some wording to add to the contract (or annex?) to cover myself for:
- Ensuring that I will work remotely (from my own office) as theirs is further than I care to commute - already verbally agreed.
- Establishing that a working day is 8 hours and the "minimum three" are taken from Monday-Friday as whole days, and that any additional is to be mutually agreed.
- Establishing a rate for time outside of these hours. I don't want to be too onerous on this sometimes things need to be done early in the morning and I would be happy to simply shift my hours for this; but equally if I am required to attend a call or work at 8pm on Friday because the system is down then I need to establish if I bill for just the clock time, or for half a day and at what rate - just not sure what is reasonable (I am not going to be an arse here - a 15 minute call on a saturday I would not bill for, but 2 hours feels like I should be).


Is this the right place to ask this?

Cheers,
Mono

[tractor]

I have a contract coming up that involves my working variable number of days per week (based on the clients workload). We have agreed that the contract will cover a minimum of three days per week (i.e. I will bill for 3 days minimum, regardless of what I actually do) with additional time as required (e.g. when there is a major new release being worked on). I have actually been working indirectly with this client for 18 months via a third party and we have mutually agreed to transfer the contract in this way.

I am looking for some wording to add to the contract (or annex?) to cover myself for:
- Ensuring that I will work remotely (from my own office) as theirs is further than I care to commute - already verbally agreed.
- Establishing that a working day is 8 hours and the "minimum three" are taken from Monday-Friday as whole days, and that any additional is to be mutually agreed.
- Establishing a rate for time outside of these hours. I don't want to be too onerous on this sometimes things need to be done early in the morning and I would be happy to simply shift my hours for this; but equally if I am required to attend a call or work at 8pm on Friday because the system is down then I need to establish if I bill for just the clock time, or for half a day and at what rate - just not sure what is reasonable (I am not going to be an arse here - a 15 minute call on a saturday I would not bill for, but 2 hours feels like I should be).


Is this the right place to ask this?

Cheers,
Mono

You would be well advised to join IPSE and take advantage of the contract templates available to members. I don't know if there is one that will suit you but there's a good chance that you can crib it from what is available.

You may already be a member for all I know so feel free to just go over and browse

As for the billing basis, work out what is commercially appropriate and balance it against how valuable your weekend free time is. That should enable you to arrive at a framework that is commercially acceptable to both you and the client.

[TestMangler]

You would be well advised to join IPSE and take advantage of the contract templates available to members. I don't know if there is one that will suit you but there's a good chance that you can crib it from what is available.

You may already be a member for all I know so feel free to just go over and browse

As for the billing basis, work out what is commercially appropriate and balance it against how valuable your weekend free time is. That should enable you to arrive at a framework that is commercially acceptable to both you and the client.

Tractor, Malvolio has hacked your account.......

[jmo21]

sure what is reasonable (I am not going to be an arse here - a 15 minute call on a saturday I would not bill for, but 2 hours feels like I should be).

Don't look at it as charging a fortune, look at it as a deterrent for them calling you.

A 15 minute call is all well and good if you are sat in the house doing nothing, but if you are out with the missus/kids, at a football match, just sat down to a nice expensive meal, whatever, it will become more onerous.

Think like a business.

[TheFaQQer]

- Ensuring that I will work remotely (from my own office) as theirs is further than I care to commute - already verbally agreed.

"The service will be performed at such locations as mutually agreed by <YourCo> and <ClientCo>. The service will normally be performed at the following location: <YourCo Address>"

- Establishing that a working day is 8 hours and the "minimum three" are taken from Monday-Friday as whole days, and that any additional is to be mutually agreed.

"For a fixed cost, <YourCo> will provide up to three days of <whatever you do> per standard working week. <YourCo> will invoice <however often you do this> for the agreed working days. <YourCo> will invoice <however you will do this> for any additional work performed outside of the weekly time allocation on a time and materials basis at the rate of <your rate>"

- Establishing a rate for time outside of these hours. I don't want to be too onerous on this sometimes things need to be done early in the morning and I would be happy to simply shift my hours for this; but equally if I am required to attend a call or work at 8pm on Friday because the system is down then I need to establish if I bill for just the clock time, or for half a day and at what rate - just not sure what is reasonable (I am not going to be an arse here - a 15 minute call on a saturday I would not bill for, but 2 hours feels like I should be).

"<YourCo> will be available to provide Services to <ClientCo> between the hours of <Start> and <End>, <days available>. Services which are provided outside these core hours of availability will be charged at a rate of <Newrate> / subject to a minimum charge of <charge>."

Something like that? Now, who do I invoice?

[tractor]

...

Tractor, Malvolio has hacked your account.......

Haha, no. ever since joining in 1999? I have always promoted PCG.

Even to this day, I am gobsmacked at the number of numpties who start contracting, open a company and have no clue about the risks or responsibilities they face as a director. This includes never having heard of IR35, Settlements or PCG/IPSE.

So I always point them in the direction of PCG and now IPSE. I don't often do it here because usually either someone else has done it first or the poster is beyond help and/or such an obvious manifestation of someone's latest schizophrenic imagination. I use the word imagination lightly though.

[The Spartan]

Tractor, Malvolio has hacked your account.......

[monoceros]

Something like that? Now, who do I invoice?

Faqqer excellent, exactly what I was looking for - name a charity.

[tractor]

...

Faqqer excellent, exactly what I was looking for - name a charity.

Tractor Foundation. TIA

[northernladuk]

Faqqer excellent, exactly what I was looking for - name a charity.

NLadyUK Gender Reassignment Surgery Charity.. or was it repair. I forget.