Off Payroll Clause Samples
The Off Payroll clause defines the terms under which individuals or entities are engaged as independent contractors rather than employees. It typically outlines the responsibilities for tax compliance, clarifies that the contractor is not entitled to employee benefits, and may specify the criteria used to determine off-payroll status, such as control over work and provision of equipment. This clause is essential for ensuring that both parties understand their legal and tax obligations, thereby reducing the risk of misclassification and potential liabilities.
Off Payroll. (1) A classified employee, including those in original probationary status, may be granted time off the payroll for short periods when it is necessary to be absent from duty and the employee has no accumulated annual leave, personal leave, compensatory time off, or - in the case of a leave request for injury or illness - sick leave credits. Such off payroll time may not exceed a full pay period. Absences for less than the full pay period shall not be considered a “leave of absence”. If it is anticipated that an employee will be unable to work for more than a full pay period, a leave of absence may be granted as outlined in this Article.
(2) A classified employee who does not report for work or who is absent from duty during any portion of a workday and who does not have authorization for such absence shall be considered “absent without leave”. Any such absence shall be without pay, and, in addition, may be grounds for disciplinary action. However, an absence which is not authorized in advance may be covered by a retroactive granting of leave if the circumstances warrant.
Off Payroll. An employee's supervisor may grant time off payroll for short periods when it is necessary for the employee to be absent from duty and the employee has no accumulated leave credits. Off-payroll time ordinarily cannot exceed ten consecutive workdays. If an employee anticipates being unable to work for more than ten days, the employee must request a leave of absence under the provisions outlined above. Covered employees shall be eligible for up to two voluntary off payroll days per contract year without pay upon receiving the approval of their Clerk or designee. Unused off payroll days under this provision shall not accumulate from year to year. An employee who does not report for work or who is absent from duty during any portion of a workday and who does not have authorization for such absence shall be considered "absent without leave". Any such absence shall be without pay and, in addition, may be grounds for disciplinary action. However, an absence which is not authorized in advance later may be approved and leave granted retroactively if the circumstances warrant. An employee shall not accrue annual or sick leave credit for any pay period during which the employee is off the payroll for twenty (20) or more hours. An employee who is off payroll on the scheduled workday or portion thereof immediately prior to or following the day observed as a holiday and who does not work on such holiday shall not be eligible for holiday compensation. An employee who is off payroll on the scheduled workday or portion thereof immediately prior to or following the day observed as a holiday and who does not work on such holiday shall not be eligible for holiday compensation. However this provision shall not apply to any voluntary and pre-approved off-payroll up to two (2) days per calendar year.”
Off Payroll. (1) A classified employee, including those in original probationary status, may be granted time off the payroll for short periods when it is necessary to be absent from duty and the employee has no accumulated annual leave, personal leave, compensatory time off, or - in the case of a leave request for injury or illness - sick leave credits. Such off payroll time may not exceed a full pay period. A it is anticipated that an employee will be unable to work for more than a full pay period, a leave of absence may be granted as outlined in this Article.
(2) A classified employee who does not report for work or who is absent from duty during any portion of a workday and who does not have authorization for such absence shall be considered , may be grounds for disciplinary action. However, an absence which is not authorized in advance may be covered by a retroactive granting of leave if the circumstances warrant.
Off Payroll. Chapter 8 and Chapter 10 of Part 2 Income Tax (Earnings and Pensions) Act 2003. Pre-existing Materials: all Documents, information, know-how and materials provided by the Company relating to the Services which existed prior to the commencement of this agreement, including computer programs, data, reports and specifications including the pre-existing materials specified in the Consultancy Specification. Project: an assignment as described in a Consultancy Specification. Services: the services to be provided by the Company under this agreement as set out in Consultancy Specification(s) together with any other services which the Company provides or agrees to provide to the Client. Specialist: corporate body engaged by the Company to perform the Services and shall include the VAT: value added tax chargeable under English law for the time being and any similar additional tax.
Off Payroll. Chapter 8 and Chapter 10 of Part 2 Income Tax (Earnings and Pensions) Act 2003. Pre-existing Materials: all Documents, information, know-how and materials provided by the Company relating to the Services which existed prior to the commencement of
Off Payroll. (1) A classified employee, including those in original probationary status, may be granted time off the payroll for short periods when it is necessary to be absent from duty and the employee has no accumulated annual leave, personal leave, compensatory time off, or - in the case of a leave request for injury or illness - sick leave credits. Such off payroll time may not exceed a full pay period. Absences for less than the full pay period shall not be considered it is anticipated that an employee will be unable to work for more than a full pay period, a leave of absence may be granted as outlined in this Article.
(2) A classified employee who does not report for work or who is absent from duty during any portion of a workday and who does not have authorization for such absence shall be considered for disciplinary action. However, an absence which is not authorized in advance may be covered by a retroactive granting of leave if the circumstances warrant.
Off Payroll. 13.1. Where the Off-Payroll working tax rules apply in respect of the Client (or any end user of the Services and Services are in scope, the Client undertakes and agrees to assess the working practices of the Services to be provided during the Assignment and to issue the Employment Business with its SDS and the reasons for the decision in writing prior to the commencement of each Assignment and to comply with the statutory requirements to notify the Temporary Worker.
13.2. Where the Off-Payroll working tax rules apply to the Client (or any end user of the Services), the Client undertakes and agrees to provide any information reasonably requested at any time by the Employment Business promptly in order to assist the Employment Business to comply with Off-Payroll.
13.3. Client undertakes and agrees to notify the Employment Business in the event of changes to information provided under clauses 13.1 or 13.2 that occur during an Assignment and reissue an SDS if working practices and conditions change.
13.4. Client warrants and undertakes that all information it provides to the Employment Business under these terms is true and accurate.
13.5. Client warrants to comply with its statutory obligations to provide a status disagreement process and use best endeavours to resolve status determination agreements equitably and within forty-five (45) calendar days, beginning with the day the disagreement representation is received.
13.6. Client warrants to comply with its statutory obligation to, upon request by Employment Business, confirm its size under Off-Payroll and to notify of a change in its size (i.e. "small", "medium" or "large" for the relevant tax year for the purposes of Chapter 8 of Part 2 of ITEPA).
13.7. Client undertakes and agrees to notify the Employment Business where the Client (or any end user of the Services) is based wholly overseas as defined under Off-Payroll.
Off Payroll. (1) A classified employee, including those in original probationary status, may be granted time off the payroll for short periods when it is necessary to be absent from duty and the employee has no accumulated annual leave, personal leave, compensatory time off, or - in the case of a leave request for injury or illness - sick leave credits. Such off payroll time may not exceed a full pay period. Absences for less than the full pay period shall not be c absenc it is anticipated that an employee will be unable to work for more than a full pay period, a leave of absence may be granted as outlined in this Article.
(2) A classified employee who does not report for work or who is absent from duty during any portion of a workday and who does not have authorization for such absence shall be considered absent without lea Any such absence shall be without pay, and, in addition, may be grounds for disciplinary action. However, an absence which is not authorized in advance may be covered by a retroactive granting of leave if the circumstances warrant.
Off Payroll. (1) A classified employee, including those in original probationary status, may be g ranted time off the payroll for short periods when it is necessary to be abse nt from duty and t he employee has no accumulated annual leave, personal leave, compensatory time off, or - in the case of a leave request for injury or illness - sick leave credits. Such off payroll time may not exceed a full pay period. Absences for less than t he f ull pay per iod sh all not be co nsidered a “ leave of absence”. If it is anticipated that an employee will be unable to work for more than a full pay period, a leave of absence may be granted as outlined in this Article.
(2) A classified em ployee who does not report f or work or who is absent from duty during any portion of a workday and who does not have authorization for such absence shall be considered “absent without leave”. Any such absence shall be without pay, and, in addition, may be grounds for disciplinary action. However, an abse nce w hich i s not aut horized i n adv ance m ay be co vered by a r etroactive granting of leave if the circumstances warrant.