It is important that any replacement rights are fully respected. In cases where the person has accepted an obligation to provide these services but is unable to do so and does not bear the cost of providing a replacement, limited or occasional delegation power is still generally considered compatible with a consulting agreement. Although I am the owner, I do not live in this house that I plan to renovate. Is this “JCT construction contract and owner/occupier consulting contract” likely to use such a project? Of course, my clients should have come to see me first, and I could have saved them a lot of aggravation and costs by recommending that they use the JCT construction contract and the owner/occupier consulting contract. In a situation where an employee leaves his or her job in an organization, but the organization wishes to retain its expertise, perhaps to assist in an ongoing project, a consulting agreement may be proposed. In such a situation, it is important to consider the potential risk of their employment continuing and thereby protect their employment rights, regardless of the written advice agreement. Our design masterclass series continues by looking at consulting agreements. In this article, we focus on the factors that need to be considered and addressed before we begin to develop such agreements. If services are required to be provided by the person, there is only the risk that the person will have the status of a worker or employee rather than being truly independent.
It is therefore important, when drawing up a consultancy agreement, to include in the agreement a right of substitution which shows that there is no personal assistance from the adviser. It does not matter whether the person can personally decide to provide the services; The question is whether he is legally obliged to do so. “JCT-Bauvertrag und Beratungsvertrag for Hausbesitzer /Besetzer” is now quite old and was last revised in 2009. When a company is in a situation where it is considering reintegrating a person who previously worked as an employee, it must ensure that the continuity of the individual`s employment does not continue. Continuity may be interrupted if there is some time between the end of employment and the start of the advisory activity, this period being a full week ending on a Saturday.