Contractors, aware of all the problems related to employment contracts and employment contracts, are in a much better position to assess whether their employment status is influenced by IR35 and can benefit from appropriate professional assistance. The Employment Contracts Act does not impose binding elements on remuneration. This means that the parties are free to decide what the remuneration is and how it is calculated. For example, compensation can be calculated on the basis of time (hourly wage, monthly salary) or workload (piecework wage). The remuneration agreement is also directly in the interest of the employer, since in the event of a dispute, the average remuneration of the field could be higher than a written agreement with the worker. For the individual, this contractual arrangement has the advantage of a higher cash remuneration (between 1,000 and 15,000 USD per month depending on the position), but the disadvantage of the absence of benefits such as pension, insurance, etc. The problem with oral chords is that they are difficult to prove. In the event of a dispute, a court should hear evidence and decide who will accept the version of the truth. In the event of a written agreement, the courts are generally required to comply with their conditions, even if they do not agree with them. Remuneration may only be changed by mutual agreement. Unilateral change is allowed only if the salary is temporarily reduced, if it is not possible to give work.
It can also be used when the employer cannot give work or does not have the financial means to pay the normal remuneration. Before reducing compensation, employees must be informed and consulted. If the worker does not agree with the reduction, he has the right to terminate his employment relationship. As with dismissals, a benefit must be paid in this case. The Capacity/Independent Contractor clause confirms that the service provider is engaged as an independent supplier or consultant and not as an employee of the customer. Please note that concealing an employment relationship as a self-employed contractor is illegal in order to prevent workers from being forced to pay benefits such as holiday pay, pension, workers` allowance and income tax. A court may find that an employment relationship is an employment/employer relationship when the person hired is closely monitored and directed by the tenant. As a rule, an independent contractor provides a qualified service, is paid for a given result, controls how the services are provided, can refuse additional work and usually bears the costs of repairing defective work. A court would consider all of these factors when deciding whether a given employment relationship is a fictitious contractual agreement. .