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  • Den IR35 legislation is changing next April. Yes ? I was hoping

  • to have a bit of a chat about the three big factors that would class you inside

  • or outside depending on how they fall. Yes let's do that.

  • So there are three big factors. The first one is substitution. What do you know about

  • substitution? Substitution asks whether an interim has has the right to replace

  • themselves should there be sickness on not being able to get to site.

  • Its not as simple as it sounds.

  • Its quite a difficult one and of the three factors it's probably the most

  • difficult because most contracts have substitution clause in there but the

  • likelihood of the clients saying okay, yes let's have let's have John in

  • tomorrow even though they've never met John before and they've got

  • a tesco audit. I don't think that's going to happen. It was a bit like you were saying

  • I'm not in tomorrow but my girlfriend's going to cover for me. I don't think

  • that would wash. What you could do is tell them you have

  • a network of interims that they already know. if it's not me it's this guy this

  • and they may be already known by the client .

  • I'm okay with that because I know who those people are

  • already as they've been with us before. I think you were mentioning

  • projects? That's where it's more of an expertise based role so one

  • day you might say you know what I'm not going to be in today but I've got an S&OP

  • specialist interim to come in and have a look at things. They may be a bit

  • more relaxed in that environment as well. Yeah for definite so there's things you

  • can do but it is a difficult one. The next one is a sort of a 3 in 1

  • which is supervision direction and control. There is a lot of

  • scope isn't there . The one which has the most scope out

  • of those three is

  • probably the control aspect.

  • What days you're in and wha time you've got to be there from nine

  • till five like say of my role here was I've got to be here at 9:00

  • and go at five o'clock and I'm here from Monday to Friday.

  • When you were in the factory that was a bit different to that. Yes, so for

  • some interim contracts you know if you've got Interim ops support

  • they and they'll be they'll be probably in there at five or six in the morning to

  • make sure startups ok and they may be staying late but they determined that

  • themselves. Then you look at some of the shift guys out there.

  • Take a four-on-four off shift. They are there from 6 to 6.

  • You know that's that that's really lending itself towards inside but then

  • Then we've got some guys we've got

  • senior ops guys but they come and go when they want and some of them

  • may work from home some day so that's

  • definitely a big outside tick.

  • What about the direction ?

  • There's a big scope there as well as the direction it's very much

  • whether it's is the company saying this is how we do this and exactly how you're

  • going to do it or whether they're coming to you saying

  • well you know then we've got this 1 million turnaround and

  • that's the end goal but how you do it that's down to you.

  • That kind of thing would very much help to sit outside if it's the latter of those

  • two. You're saying there's your deliverable

  • Its down to you to deliver it. You set the vision you're the expert and

  • also from a supervision it helps with that as well because

  • you're not having someone saying you doing this this and this . You're

  • actually creating the workflow yourself and you're the expert so there's a lot

  • of scope in those three areas there to be outside of IR35 but you

  • need to be very clear in your project deliverables and your objective

  • and then the final one is mutuality of obligation. Again there's a lot of scope

  • isn't there ? so it's about from our clients point

  • of view about the obligation to offer work and from an

  • interim point of view accepting that work and they are not

  • under obligation to do so ie you know you offer me work when we're busy and I will

  • accept that work whether it would be busy or

  • quiet and with yourself you know even if we're quiet

  • you're still working here

  • whereas we look at an interim role you know with our contracts we've got a one week

  • notice period so there's a short notice period and the client can terminate the

  • contract and some of our interims have multiple contracts they might have two

  • or three days with one client and a few other days would another client so

  • that's another area as well that brings you outside definitely . I think you've

  • also got the point of the things to watch for is your contract

  • extension. Oh yeah a big one because you don't want that rinse and repeat cycle.

  • I was saying the other day where you're just extending extending and extending

  • with no alteration to the deliverables and I think that's key where you can put

  • where if it is being extended and there's a reason because there's a new

  • project addressing new deliverable or a new challenge or where you need some

  • more expertise getting that bolted down onto the project

  • specification and objective. I think the other thing to watch for as well is

  • is if you're on a deliverable based product say you're trying to do that 1

  • million turn around so yeah if you finish that early you need

  • to would you say you know you either be

  • terminating or reassessing those as well even i if you are contracted

  • for the next further three months yes so let's say it's a six month contract and

  • after four months the project is delivered then the client might say well

  • you know I'm gonna give you a week notice now and that's that's.

  • That rounds up the three points I mean I think the thing

  • we've been saying is that yes I mean the legislation is changing next year but

  • these factors, they were in place already and they're not changing

  • the factors. You're right. the factors are the very same but the

  • legislation is changing and the only thing that's changing instead of you the

  • interim being liable it's the client or where the client goes through

  • someone like us its the fee payer is liable so so that's what's changing

  • so what we're doing at the moment is our our roles and future assignments we're

  • actually getting the work place assessment carried out and if

  • we look at yesterday's one that was outside so the client in April

  • can say I'm happy to continue because it's outside and we've got the legal

  • documentation here but if it's inside then we can go we've got between now and

  • April to get a change to get it sorted. Yeah I think that round it up really.

  • Yes thats it - thank you from Corvin Fox 01775 729590

Den IR35 legislation is changing next April. Yes ? I was hoping

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A2 初級

在IR35內部還是外部? (Inside or Outside IR35?)

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    林宜悉 發佈於 2021 年 01 月 14 日
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