Clearly the working practices of your contract must be reflected in the contract itself. It is important that your contract reflects the way you and the agent/client interact.
That said, the contract ideally frames the interaction in terms of clear self-employment, being focussed on relative weighting of factors such as the following:
- the contract between you and your agency mirroring the contract between agency and client
- there may be rights in some circumstances for your substitution by the client
- you might be required to undertake your own training, development and research
- you may be able to work for other clients elsewhere simultaneously
- you are able to exert some form of control over your working day, i.e. hours worked
- you might be expected to provide your own equipment
- you might be expected to undertake some form of financial risk in providing your services
- your payment periods and terms of remuneration
- your use of the client’s work facilities, such as a gym or your own dedicated office
- there must be a consideration of the “mutuality of obligations” set out in your relationship – e.g. with regular work and/or rolling contracts it could be argued that you are an employee
- you might have your own letterhead and fully formed business persona including IP and website
- the contract does not show a price for the work and an approximate date for completion, simply stating you will work a set number of hours per week for an hourly rate and
- you may stipulate in your contract that you are providing professional indemnity insurance and under what provisos.