[WavieDavie]

I already have a couple of sample contracts of employment which I can use,  but I'd be interested to know if any employers on here have terms which are written specifically for window cleaners?

You know the type of thing . . . what happens about the working hours if you've been held back by bad weather,  maybe a clause inhibiting workers contacting your customers once they've left your employment, if they have their own work outside your hours then they can't "poach" new customers they pick up on your time for themselves, that sort of thing.

Normally this has been settled verbally and quite amicably - apart from once! - but I'd prefer to have something in writing for the next new contract of employment I issue.

Thanks in advance if you can help.

[Duke]

We have a similar arrangement, and a contract is signed. I can't post it though, as 'He who must be obeyed' probably wouldn't like it. (Hi Simon...)...lol

[Roy Harding]

Hi had a contract years ago drawn up at a solicitors, if you employe the person the contract can be a bit more binding. But it has to be "resonable" for both parties. You can have restrictions such as the following.

That they cannot window cleaning for a period of 12 months after termination, that is for themselves or another company ect. Or use some body to clean for them.

Or entice other workers away from you for 12 months.

That they must not reveal company bussines, ie customers and prices to any third party.

Must not canvas or entice a customer away from your bussines, themselves or by third party for 12 months.

But if a person is self employed then this is more dificult to enforce, if he is a window cleaner and that is how he earns his living. You cannot restrict him the same, as it would be deemed unreasonable stoping him earning his living.

I think they where a few points I can remember, as I no longer employe as it was to much hassel.

[rosskesava]

Having all those clauses is fine but inpractise -  and as Roy said, basically, try enforcing it. It is law that a person is entitled to use their skills to earn a living however those skills were learnt. As for poaching - it is virtually impossible to prove and even if you could, there is a law that is called 'freedom of private endeavour' or something that means that unless there is an implied contract or a written one, it is expected that the customer is entitled to choose for themselves regardless of how that choice came about.

We've had 4 younger people ('kiddies' to me) work for us over the last few years one after the other and leave. 2 left and did whatever they did but the other 2 set up on their own. One gave up after a few months and we bought his customers at a good price and the other is doing really well.

The other that's doing really well, we often meet up and because we were decent to him, we don't encroach on each other space so to speak.

The 'younger person' who helps us now is legally self employed. He doesn't work for us. He has some of his own work etc etc.

We would never ever actually 'employ' someone ever again. It cost a bomb, because of rained off days, was  constantly full of 'tension' because of the 'not my job' thing, was a lot of paper work, and just did not work out.

[texas girl]

Wavie ,

I have devised a couple of forms over the years that I use when hiring people.

I have a "subcontractor" form that says they are contracting from me to do certain jobs, and that they are responsible for any accident that may occur.(on paper)

Don't know how well it would hold up in court, but I do make it clear that I am not responsible if they agree to do a job and know the risks.(on paper)

I also have them sign a "non-compete" form which says that if they should decide to go on their own they are not allowed to compete for my accounts for one year.

So far this has happened 2 times, and I never took it to court, but again, I do not know how well it would hold up. It is meant to be a formality that hopefully honest people would respect. The people who decided to compete against me did not last. 

The good thing is that it at least gives your workers the idea that they are responsible for their own health insurance, etc, and I treat the workers very well, (incentive pay, good pay in general, etc.)

If I hired "employees"  I would instantly lose 40 % of my income, and be subjected to all kinds of laws,expenses, etc. It is a shame, but that is the way it is.  :

All in all, hiring subcontractors is legal, but it is a fine line that has to be followed closely in order to remain as such.