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Stop Notice published by HM Revenue & Customs
Users of the arrangements (‘Scheme Users’) enter into a contract of employment (‘the Contract of Employment’) with Contractorcare Ltd. The Contract of Employment provides that the employee will be paid for time worked at the ‘pay rate’ which is defined as ‘a sum per hour equivalent to the minimum allowed by National Minimum Wage Act 1998 (NMWA) and a commission in accordance with the Commission Plan shown at Schedule 1’. The Contract of Employment also states that Contractorcare Ltd does not provide any work finding services (clause 2.4).; Scheme Users enter into an Advance Agreement (‘the Master Advance Agreement’) with Contractorcare Ltd in its capacity as the sole trustee of a settlement (‘the Settlement’) known as the Contractorcare Ltd Settlement between (1) the settlor and (2) the Employer as original trustee. The Master Advance Agreement provides that Contractorcare Ltd will make an initial advance and further advances to the Scheme User. Each advance is repayable on the ‘thirtieth anniversary of it being made’ and is interest free until due for repayment.; Scheme Users undertake work for an end client and submit timesheets either directly to Contractorcare Ltd, or their agency who pass on the details to Contractorcare Ltd.; Contractorcare Ltd invoices the end client for the work done and receives payment from the end client. The invoices sent reflect the agreed contract value for services of the Scheme User.; Contractorcare Ltd withholds and retains a percentage amount of around 17% of the amount invoiced to the agency or end client for the services carried out by the Scheme User and pays the balance remaining to the Scheme User in 2 ways:
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