united-kingdom
Under the new IR35 guidelines.. what if I don&#39;t have a contract at all?
<p>Say i go into work every day and am essentially an employee. But as I was found through a friend of the boss, there was never a contract. I just get paid into my company and draw dividends from it. Surely if I don't have a contract then i am in theory my own boss. I can leave whenever, they can replace me whenever etc.. and i therefore fall outside of IR35?</p>

<p><strong>So, since you don't have a contract, you are working because you feel like it and they are paying you because they feel like it?</strong></p>

<p>If you were to work for a week, there would be no obligation on them to pay you for that week? And if they did pay you for a week, there would be no obligation on you to work for that week?</p>

<h2>You have a <a href="https://law.stackexchange.com/questions/6263/what-is-a-contract-and-what-is-required-for-them-to-be-valid">contract</a>!</h2>

<p>Whether that is as an employee (contract of service) or a contractor (contract for services) or an IR35 (off-payroll worker) depends on the particular facts. It does not depend on what you or your principal describe you as.</p>
