4 ms·
do you have specific citations or is this some ideological stance? to me it makes zero sense to hire a vetted contractor who can then just toss say, classified
by abiox 8y ago
do you have specific citations or is this some ideological stance?
to me it makes zero sense to hire a vetted contractor who can then just toss say, classified data, over to some unknown random. it's a completely untenable proposition.
- lovich 8y agoIf you are requireing who can do the work and how it's done you've constrained the person into an employee-employer relationship regardless of what you decide to call. Contracts are like an interface, you are setting up an agreement on what is being provided and don't care about the implementation. When you constrain the contract so much that only a single person can fulfill the contract you are just abusing the concept of contracting. In the example above with NDAs and security clearance that can be a perfectly valid requirement, but you can't reasonably be upset if the contractor subcontracts out to someone else with clearance who has signed the same NDA
- abiox 8y agoi don't agree with your definition of contracting, but either way i'm particularly interested if you can point to some legal code that forbids a contract from containing a "no subcontracting" clause. that would be quite interesting.
- lovich 8y agoI looked and couldn't find any limitations on subcontracting that werent specific to federal contracts so it likely that my personal view doesn't match up to the law
- tigershark 8y agoAbsolutely no. The client needs to agree on the other person that is doing the work instead of you. They will need to check that they have the qualifications and they will need to know who is handling sensitive data. It’s even valid for the IR35 rule. The important thing is that someone else can do the job upon agreement, but you will never find in any contract for a serious company/institution that you can pass on your job covertly.
- T2_t2 8y agoIn Australia, that is the law. You pay employees and contractors differently, and they have different benefits.