AIC2000.org - Recommendations concerning Work Contracts

Tuesday January 06, 2009 08:43 CET

Recommendations concerning Work Contracts

Articles which must absolutely be in the contract	Articles which should never appear in any working contract
In any working contract proposed to you (whatever the duration or location) be sure that the following articles or references appear very clearly:	In any working contract proposed to you (whatever the duration or location) be sure that the following articles or references NEVER appear:
Country of work Duration Notice period for cancellation by each part Fee (on how many months per year for LT and on how many days per month/per week for ST) Housing allowance for LT (always on a 12 month per year basis) or per diem for ST. AIC strongly recommends ST experts to always request the full per diem, thus allowing negociations on fees only on a perfectly clear basis. Maximum delays concerning the payment of fees and housing allowances/per diem. A sentence like: 'Fees and housing allowance / per diem will be paid to the expert within a maximum 10 calendar days after each worked month' should be inserted in all working contracts	"The Consultant commits himself not to work for clients of the Company except within the framework of the herewith agreed projects. He will not work directly or indirectly, independently or employed for clients of the Company.... This is valid for the duration of this contract and the following 9 months..." AIC comment: This 9 month period MUST be reduced to 0 month It is also very strongly recommended to eliminate any link in the contract between payments due to the expert by the company and payments due to the company by the fund provider. The gross margin taken by companies is supposed to cover the cost of these delays. Indeed, some companies, before to pay their experts, are waiting to be paid by the EU Commission, i.e. generating delays of several months, up to more than one year. This is not acceptable.