Employment Lawyers Can Answer Your Employment Law Questions
hi Ben, thanks for getting back to me. the contract is with my company which I am a director of, the contract is for my services as a manager and designer. The comoany which wants me to sign contract is saying I will be responsible for any mistakes their employees make as I will be managing them - is this correct and legal as it feels like it shouldn't be my responsibilty? thanks
Hello, such a request would not really be unlawful. Whilst you are correct that in the general legal sense a contractor is only responsible for his own actions, this can be varied through a specific contractual clause. It means that these responsibilities are only limited to your own actions in the event that there was no agreement in place and this is what would be implied. However, if you and the employer agree on a specific wording, which goes to create liabilities beyond that, then you will both be bound by it and the fact that it covers more than what you would normally expect would not make it illegal because it would have been agreed by both parties. So at this stage it is entirely a matter of negotiation – you cannot be forced to accept these extra responsibilities and can negotiate for their removal from the contract but at the same time the company does not have to offer you the contract if they are not happy about removing them from it. Therefore, you must discuss this and negotiate a contract that you are not happy to sign, because until that is done neither party can be forced to agree to the current terms.
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