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Subcontractor Contract


Will Perkins

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Hi all,

 

I'm looking for a standard subcontractor contract, or template to base my own on for people that work with me on a freelance basis.

 

I know what I want to include for purposes of the work (like suitable clothing etc), but it would be good to have something more robust behind the obvious things I wish to include.

 

Google has some stuff out there, but nothing specific to our industry :(

 

Any pointers would be great, cheers.

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Exactly what is your business and what is your role in it?

 

The most importatnt things you can do to get the loyalty and respect of a good freelance workforce are :Specify and explain the job clearly ; Provide kit that works :Crew at an appropriate level : Settleinvoices in full in a timely fashion. You should have terms and conditions as part of your Purchase Orders to freelancers and that is where you include stuff about PPE, competancies and site specific safety issues. There are several sets of T&C for suppliers in the AV industry online. Do not rely on a threat of legal process to 'force' people to do work for you. If you treat them fairly they will move Heaven and Earth to give the end client a good show. If you try to screw them no legal threat will help you as they will put their coats on and go home.

 

The best thing about using freelancers is that they never give a bad days work because if they do you never use them again. That is the best T&C of all for you. You only have to concentrate on picking the right balance of skills and getting good jobs.

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We don't have a contract but do have a 'Code of Conduct' that we ask them to agree to for all work carried out for us. This sets out the main expectations in terms of dress code, PLI, conduct in front of our customers, not approaching our customers for direct work and so forth. When any new sub-contractor applies to us they fill out an application form which aaks them to confirm that they have read and agree to this code of conduct as well as our H&S policy.

 

Steve

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Do not rely on a threat of legal process to 'force' people to do work for you. If you treat them fairly they will move Heaven and Earth to give the end client a good show. If you try to screw them no legal threat will help you as they will put their coats on and go home.

 

The best thing about using freelancers is that they never give a bad days work because if they do you never use them again. That is the best T&C of all for you. You only have to concentrate on picking the right balance of skills and getting good jobs.

 

This is a strong point. It's not hard, just let them do a good job for you. I can think of one particular client of mine that deliberately pays faster, quicker and better, books nicer gigs and hotels, makes less on the kit to get the decent crew and manages projects to be a pleasure to work on etc. Working for him, you never question going the extra mile because you know that it's not designed into the job that you get screwed over. In return, he gets a bunch of good freelancers dead set on making his business look top banana at every turn.

 

While there are plenty of agreements relating to things a company expects etc. it's fairly sensible stuff. But beware of the inferences in getting too prescriptive and legal on what are effectively partners in your success.

 

One thing I can vouch for is the negative effect that trying to legally screw freelancers over has. A long time ago I had a situation with a major supplier (not based on the quality of my work, I might add) which was stupidly thrown over to legal at the drop of a hat. Having spent the previous 5 years contributing to this company's image and when all the stupid legal nonsense was retracted and apologies made to me (not by the Director but by a minion) and once I'd paid my solicitor's (pointless) bill, I had absolutely no interest in working with them again and haven't since. While I'm sure they may not have missed one of their many freelancers, it didn't do a great deal for morale in plenty of parts of the company or the rest of the regular freelancers at the time. P!ss off too many of your decent freelancers at the risk of ending up with the Third XI playing for you.

 

Just set expectations of conduct and company ethos etc. and also set out your responsibilities regarding payment and things that matter to freelancers so people know where they stand. The whole relationship between a company and it's subcontractors should be viewed by all as a partnership.

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