When a CSP is used, the provisions of its advisory agreement do not bind the individual advisor. Therefore, if the client wants the individual advisor to be related to him, he must ensure that the advisor enters either as a contracting party or makes the commitments separately, for example. B with a letter. For example, a consultant is probably required in the agreement to provide his own equipment and materials. The less the consultant is integrated into the client`s business processes, the better for job tests. It is essential that advisory agreements contain appropriate intellectual property rights provisions. Unless otherwise stated, the advisor is usually the owner of an IP he created during the transfer. Parties should be aware that advisory agreements cannot be used to conceal another type of relationship. The Supreme Court clarified that written contractual clauses that do not reflect the actual agreement between the parties cannot be taken into account in determining the status of the employment.
Although the terms of advisory agreements are important in determining the volume of consulting firms, it will not be possible to insert terms (for example. B substitution clauses) that do not accurately reflect the functioning of relationships in practice in an attempt to deny the status of employment. In the context of employment, intellectual property (IP) ownership, created by a worker in the course of his or her employment, is generally due to the employer. The same is not true of the relationship between a company and a consultant; The advisor is usually the owner of an IP he created during the task. There may be situations where it may not be necessary or appropriate for you to constantly recruit staff. Such an agreement also allows for greater flexibility than permanent employment. A short-term renewable contract can help your company keep its employees in line with market requirements. There are a number of key clauses contained in most advisory agreements, as well as clauses that will benefit either party. The agreement may include compensation from the advisor for losses incurred by the client as a result of: It is customary that the advice agreements provide that the advisor must pay his own tax and the NICs (and, if necessary, VAT) on the consulting fee. It is not advisable to impose an absolute restriction on the advisor who succumbs to other work during the duration of the engagement.