IR35 and 40h work week

**northernladuk** · 17 September 2018, 12:18

Please... Start reading the guides and start using the search. Only a very basic knowledge of IR35 will allow you to answer this yourself and sadly its also been asked a load of times.

If you are going to go LTD you really have to learn to find your own answers and do your own research.

Do some hunting around and learning. Once you've done that the please come and ask us some specifics, not everything you come across.

IR35 is not a tick box. You need to understand it.

**LondonManc** · 17 September 2018, 12:22

Originally posted by qbait View Post

My first contract is 3 months and it's about developing the app from the scratch.
I prepared my contract
The client wants to add that my estimated work week will be 40h long. Can I have a problem with IR35 because of that?

You can have a problem if they tell you when, where and how to execute a 40 hour week. As said by NLUK, there's plenty of reading for you to do to understand the contract and its positioning in terms of IR35. Don't forget that the reality of the working practices also generally trumps the contract in the case of an investigation, so the contract should be a fair reflection of the engagement. Make sure that it is deliverable-based above all else.

**ladymuck** · 17 September 2018, 12:42

Are you charging a daily or hourly rate?

If it's hourly, then the client is well within their rights to want a cap on the number of hours you're going to be working.
If it's daily, then the client is well within their rights to want a minimum level of effort put in.

Neither is an IR35 indicator. It's a commercial aspect to ensure the client gets what they're paying for.

IR35 and 40h work week