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GeneralRe: question for who were/are running business Pin
Pete O'Hanlon22-Nov-12 1:13
protectorPete O'Hanlon22-Nov-12 1:13 
GeneralRe: question for who were/are running business Pin
Joan Murt22-Nov-12 2:04
memberJoan Murt22-Nov-12 2:04 
GeneralRe: question for who were/are running business Pin
Brady Kelly22-Nov-12 2:24
memberBrady Kelly22-Nov-12 2:24 
GeneralRe: question for who were/are running business Pin
_Maxxx_22-Nov-12 12:40
member_Maxxx_22-Nov-12 12:40 
Been through this scenario a few times. Nothiong to do with an NDS everything to do with your contract with both the 'employee' and with your client.

Best solution is to have a clause in your contract with the client that they will not directly employ any sub-contractor of yours for a 'suitable period' following their employment by you - and have similar clause in your 'employee's' contract.

My understanding (from a while ago, in the UK) is that the clause in the employee's contract is worthless as it isn't upholdable - but it will show your intentions.

You will need to consult a lawyer to make sure wordings are correct, though.

My favourite version was a company whose contract simply stated that the client agreed to pay us 40% of any payments they made to ex-employees of ours directly, for a period of 12 months.

All of these things are get-aroundable (contractors set up companies who contract to your client and then employ them, for example) but they will generally stop the contractor who spends a lot of time on site just jumping ship, carrying on with their work directly for the client,m who saves money by paying directly.
MVVM# - See how I did MVVM my way
___________________________________________
Man, you're a god. - walterhevedeich 26/05/2011

.\\axxx
(That's an 'M')

GeneralRe: question for who were/are running business Pin
AndyInUK23-Nov-12 6:21
memberAndyInUK23-Nov-12 6:21 
GeneralFree Coffee! Pin
Nagy Vilmos21-Nov-12 23:07
memberNagy Vilmos21-Nov-12 23:07 
GeneralRe: Free Coffee! Pin
V.21-Nov-12 23:21
memberV.21-Nov-12 23:21 
GeneralRe: Free Coffee! Pin
Nagy Vilmos21-Nov-12 23:30
memberNagy Vilmos21-Nov-12 23:30 
GeneralRe: Free Coffee! Pin
BobJanova21-Nov-12 23:57
memberBobJanova21-Nov-12 23:57 
GeneralRe: Free Coffee! Pin
V.21-Nov-12 23:59
memberV.21-Nov-12 23:59 

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