Contract documentation, is this normal?

[Contreras]

Just landed a gig with BigCo engineering firm, 30 mins commute, and rate seemingly at the top-end of what my skills currently command (judging from my job search over the last month), so overall I was feeling fairly content. That is until, after some chasing the agent for a written contract, he finally sent through "the paperwork":

Dear Contreras,

please let me have the following details:

Copy of COI
Copy of VAT Certificate
Copy of the picture page of your passport

Full Contact Details (Address etc)

Bank Details

please sign and return:

- Contract Confirmation Document (single page schedule)
- Working Time Regulations (*)
- Agency Regulations ("opt-in/out" form, *)
- Self Billing Agreement
- Statement of Acknowledgement for the ClientCo Code of Conduct for Contractors (*)

also for your information:

- ClientCo Global Internet Policy
- ClientCo Insurance Cover Statement for Temporary Workers
- Procedure for Temporary Worker Timesheets (mentions ClientCo SAP system )
- ClientCo Code of Conduct - Temporary Workers
- REC/PCG Conduct Regulations 2003 Leaflet
- ClientCo Substance Misuse Policy for Temporary Workers
- ClientCo Smoking Policy
- AgencyCo Welcome Letter
- AgencyCo Limited Company T&Cs (actually, "The Contract")

(*): to be signed in a personal capacity

Re the agency regs "opt-out": I have already met with the client so this is probably a moot point, but the T&C document basically says unless you've signed to opt-in then you are by default opt-out. I'd rather be opt-in, I think.

Working Time Regulations: I'm not sure what business it is of the agency whether me and MyCo have agreed a maximum working time. In any case I'm a director with no employee contract so WTR do not apply, right?

Self Billing: never done that before. What if ClientCo SAP system goes down, or the PHB plays power games with approving timesheets. It's optional, so I may Just Say No.

Perhaps I've gone soft after months lazing on the bench. All my contracts so far have all been working from home , at around the same rate as this, and only one gig via an agent so it's difficult to know as to what is the norm.

My first reaction is OTT or wut?! along with IR35 alarm bells, and the feeling that I'm about to be owned...

Then me thinks heck just sign the damn paperwork and get earning.

Or am I just not cut out to be a contractor?

[northernladuk]

CBA to read all that but they need your passport photo as employers are legally bound to make sure you are eligible to work in the UK. I presume you bolded that for a reason. Will read rest in a bit.

If you are unsure about it get them to explain what there data protection policy is and what they do with this paperwork after it has been used. Or offer to take it in by hand or something.

[cojak]

Don't turn up before you've seen the contract as the minimum, get it reviewed by an expert if you're not sure.

(too late now though - you've accepted it)

[SteelyDan]

If you are unsure about it get them to explain what there data protection policy is and what they do with this paperwork after it has been used. Or offer to take it in by hand or something.

FTFY

their

Heinous crime

[northernladuk]

FTFY

their

Heinous crime

Don't be stealing The FaQQers job. I leave a few around so he has something to do.

[Wanderer]

Copy of the picture page of your passport

I don't have any problem with doing that. I know some people get anal about it though.

- Statement of Acknowledgement for the ClientCo Code of Conduct for Contractors (*)
(*): to be signed in a personal capacity

Don't worry about it, you are just signing it as a representative of your company. If they had a sparkie come and work on site for a week, no doubt he would have to sign one too.

Re the agency regs "opt-out": I have already met with the client so this is probably a moot point, but the T&C document basically says unless you've signed to opt-in then you are by default opt-out. I'd rather be opt-in, I think.

Good choice - DON'T opt out. The agency is wrong in suggesting that you are by default opt-out. With regard to this document, don't return it, don't do anything with it, don't enter into a discussion about it. Just tell them that you are going to take the "do nothing" option. If they think that makes you opted out then that's their stupidity but my experience is that agents know full well what they are doing and deliberately try to bamboozle people...

Working Time Regulations: I'm not sure what business it is of the agency whether me and MyCo have agreed a maximum working time. In any case I'm a director with no employee contract so WTR do not apply, right?

Correct

Self Billing: never done that before. What if ClientCo SAP system goes down, or the PHB plays power games with approving timesheets. It's optional, so I may Just Say No.

I'm in two minds about this. If you agree to self billing then you can't raise an invoice to them (only a timesheet). If you can't raise a timesheet then they don't raise an invoice so there is no debt. I would be inclined to put them on probation for a few months to make sure they pay on time before I agreed to self billing. Certainly if you raise your own invoices then you control the billing/payment cycle not them. I really don't know if where you stand if you have self billing on (say) 7 day terms and they refuse to raise an invoice for 14 days. When does the invoice become due/overdue? What if you can't get a timesheet done and you want to invoice anyway? Does anyone know how this works?

Then me thinks heck just sign the damn paperwork and get earning.
Or am I just not cut out to be a contractor?

Get the contract reviewed then sign your life away and get to work.

[CheeseSlice]

- Statement of Acknowledgement for the ClientCo Code of Conduct for Contractors (*)

[Edit]I wouldn't sign this one if I were you. Like you say, its a contract between you personally and the agency. It may circumvent the limited liability of your company and professional liability insurances you have (if you have any). The agreement may include a 'personal guarantee' of your work, which could leave you in some serious financial hardship if something goes wrong.

[Edit: Actually it doesn't sound exactly like I've seen before, as it refers to ClientCo. But check the text thoroughly anyway. Personal paperwork is dangerous territory]

[SteelyDan]

I'm in two minds about this. If you agree to self billing then you can't raise an invoice to them (only a timesheet). If you can't raise a timesheet then they don't raise an invoice so there is no debt. I would be inclined to put them on probation for a few months to make sure they pay on time before I agreed to self billing. Certainly if you raise your own invoices then you control the billing/payment cycle not them. I really don't know if where you stand if you have self billing on (say) 7 day terms and they refuse to raise an invoice for 14 days. When does the invoice become due/overdue? What if you can't get a timesheet done and you want to invoice anyway? Does anyone know how this works?

In my experience the SelfBill invoice is pretty harmless, although I was cautious when I first came across it, and puzzled how I would invoice. I've done this twice now (Hays & Capita) but it works well.

In short, you complete a timesheet at end of week via agent portal, client authorises it, notifies/sends to agent, agent processes it, agent sends you SelfBill invoice (Weds), when paid you receive remittance advice (Friday).

It's all quite smooth, but dependent upon you getting the timesheet done on time (Friday end of play earliest/Monday latest) so agency can do their bit (Weds [SelfBill invoice]) and send you remittance on Friday (money in the bank) if they are paying on 7 day cycle.

You end up creating what you might call a dummy invoice, purely for your accounting purposes; it doesn't get sent to the client, or the agent, just kept in your records.

[SteelyDan]

I think (having quickly gone thru their list of documentation requirements), this is all standard stuff. One of the agents I referred to are so 'documentaion & paperwork driven', it's quite unbelievable & it even frustrates end clients.

Key thing, as mentioned by others is ensuring the contract is correct/appropriate.

[TheFaQQer]

FTFY

their

Heinous crime

Don't be stealing The FaQQers job. I leave a few around so he has something to do.