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Self employed tradesman: contract for services  

Doc Ref. EN-SEse19
With Free Guidance Notes
Drawn by: Net Lawman
Format available: word-small
Word count: 3000

Terms and conditions for any tradesman working alone or as
part of his own team. Includes provisions for the CIS Scheme
and other relevant tax paragraphs for the purposes of IR35.

 
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About this document
This document is suitable for:
• Tradesmen contractors;
• Any construction business;
• A self employed tradesman;
• Householders.
It has been drafted specifically to deal with the Construction Industry Scheme (CIS), and can therefore be used by those within the scheme and those who fall outside the scheme such as householders.
It is not suitable where the tradesman is anything other than a self employed individual. There are two reasons for this a. the documents have been drawn for one person only and b. the CIS deduction scheme applies only where the tradesman is an individual
For thousands of self employed people some version of this document will be presented to a new client as “my contract”. For any business using self employed builder or construction industry staff it provides the essential starting point for the relationship.
If you are really an employee, take note: Although the agreement clothes the transaction with all the characteristics of self employment, simply using one of these contracts will not necessarily avoid the relationship of employer and employed. Both the Inland Revenue and any industrial tribunal will be entitled to look behind the agreement at the reality of the contract. Some of the questions they might ask are:
• Is this the contractors only work or does he work for others too?
• Does the client control how the work is done?
• Are the hours fixed by the client or can the contractor choose when he works?
• Does the contractor work on the clients premises, using the client's equipment?
• To what extent is the contractor at risk as a self employed person?
 
Application and features
May also be used for a series of assignments or a single assignment;
Very flexible to suit the requirements of either or both parties;
Provides a complete framework;
Protects both sides;
Establishes as far as possible a self employed status for the purposes of IR35 and reduces the chances for employer obligations to arise;
Provides for deductions to be made according to HMRC CIS scheme;
Provides for those who fall outside the CIS scheme.
 
Contents
Work to be completed;
Tradesman’s obligations;
Tradesman’s fees and expenses;
Strict health and safety clauses;
Confidentiality clauses;
Provisions for data protection;
Plus all other usual legal provisions.
Draftsman
This document is drawn and maintained by Net Lawman. It is real law in plain English.

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