Explained: eight key areas of a binding contract to start working temporarily as a woman in the tech industry.
This legal guide to temporary contracts aims to assist women in the tech industry with navigating the contractual landscape of non-permanent roles.
When tech and temp work combine, don’t take the contract lightly…
Given the dynamic nature of both technology and the temporary labour market — and the specificities when these two worlds combine, understanding your contractual rights and obligations on a contract engagement is crucial for female technology workers.
And almost needless to say, it shouldn’t be taken lightly.
Indeed, as our legal advisory is often reminded, temporary roles, while offering flexibility and a potentially diverse experience, come with a unique set of legal considerations, writes Evane Alexandre of Gerrish Legal.
While tailored legal advice is your best bet, I wish to demystify some of these legal considerations, by mapping out where in a temporary engagement contract these typically arise.
Seven benefits to computing your temporary contract as a woman in tech
A legal understanding of your assignment, informed by your knowledge of the contractual framework which governs it, is the key for women in tech to:
operate successfully
operate profitably
work compliantly and safely
potentially work flexibly
maintain your professional status
facilitate career advancement (without objection)
balance contractual obligations with personal life.
Now let’s go one further! Here are eight key areas that women in tech seeking temporary jobs, such as tech contractor roles, should be looking at in their engagement contract.
Eight areas of a temporary job contract that women in tech need to look at
Contract nature and duration
Type of contract
Always ensure that your contract clearly defines whether your role is that of an employee, a worker, or an independent /freelance contractor, as this affects your rights and responsibilities.
Temporary roles often fall into the latter two categories, impacting entitlements to benefits and job security. And depending on your set-up, these two also have tax and IR35 implications which ultimately need to be addressed from the outset.
Duration and termination
Specify the start and end dates of the contract.
Include any provisions for early termination, ensuring that notice periods and any conditions for contract extension are clearly outlined.
Role and responsibilities
Job description
A detailed job description or “scope of services” set out in your contract prevents ‘project creep’ and ensures both parties agree on the expectations from the outset.
Remuneration
Pay
Detail your fee or pay structure, including any pro-rata benefits, overtime rates, and expense reimbursements.
Also ensure that any non-standard remuneration, such as via share options, are clearly discussed and unambiguously set out. With this issue in particular, we would advocate you seek both legal and tax advice to ensure you understand your rights.
Benefits
If you are an employee on a temporary contract, outline any benefits applicable during the contract term, such as training opportunities or access to professional development resources.
This is especially important given the technology industry’s fast-paced nature.
Intellectual property rights
Given the IT industry’s focus on innovation, it is vital to understand how what you create or develop during your freelance or temporary engagement is handled.
Ownership
Typically, intellectual property created during your employment belongs to the employer and not to you.
Different rules may apply if you are a freelancer or self-employed contractor, and may also depend on the applicable law of the contract.
In the UK and EU, usually, ownership of IP vests in the creator.
But there can be exceptions.
Clarify any exceptions or conditions such as the extent and remuneration of any assignment of rights.
Usage
Discuss rights regarding the use of created intellectual property post-contract (i.e. once the contract term expires). This is especially relevant to you as a woman in tech if you’re considering software development roles.
Confidentiality and data protection
Confidential information
Your freelance or temporary contract as a woman in tech should specify what constitutes “confidential information.”
In specific clauses, sections or provisions of the contract, the obligations for the protection of confidential information should be spelled out.
You should check if the contract covers what happens in the event of disclosure of this confidential information.
Further check to ensure that any valuable information which you might hold and disclose for the performance of your engagement is protected.
Data protection
With the evolving landscape of data protection laws, double-check that your freelance or temporary contract as a woman working in, or with technology reflects current legal standards.
This contractual reflection of current legal standards is crucial for roles involving data processing across the UK and EU.
In particular, align with GDPR guidelines, ensuring you’re aware of any specific data protection requirements related to your temporary tech role, especially if your temporary tech job will involve processing personal data.
Dispute resolution and governing law
Dispute resolution
Include a clear mechanism for resolving disputes, whether through mediation or a more informal process.
Your goal here is to ensure any disagreements can be addressed efficiently, minimising impact on your work.
Specific rules apply if you are an employee — so do be clear about any grievance or disciplinary procedures applicable to you.
Governing law
Ensure that you agree on the applicable law to the written agreement at the outset, as well as the place for resolving disputes.
Ideally, such a place should be where you are located or based, and where you may have the easiest access to a lawyer — should you need tailored legal expertise.
Specific rules apply if you are an employee, so do be clear about what applies if you are located in the UK or elsewhere.
Working conditions and flexibility
Remote work
If applicable, detail any provisions for remote work, including expectations regarding availability, communication, equipment and authorised settings and locations.
Flexibility
Temporary roles often offer more flexibility.
Ensure any flexible working arrangements are clearly outlined, including core working hours and any location-specific requirements.
Liability and insurance
Liability caps
For self-employed women in tech, clearly define the limits of your financial liability in the contract.
A so-called “liability cap” ensures that, in the event of a claim, the maximum amount you could be required to pay is reasonable and proportionate to the contract’s value and the nature of the work performed.
Negotiating a cap that reflects the risk you’re undertaking is crucial for protecting your financial interests.
Insurance
It’s advisable for women in tech working on a self-employed basis to have adequate insurance in place.
Insurance offers protection against claims for damages arising from alleged professional negligence or losses caused by your work.
Ensure that your contract specifies any minimum coverage requirements and consider whether sector-specific risks (e.g. data breaches) necessitate additional cover.
Conclusion
Temporary roles in the IT, technology, computing and digital industries offer a gateway to diverse experiences and learning opportunities.
And, if executed under the correct contractual framework, permit women in tech to be primed to enjoy a busy and fulfilling life outside of work.
However, the legal intricacies of such non-permanent positions mean you need to have a comprehensive understanding of your binding contract, including any “schedule of services” — which is typically found at the end of the written agreement.
Female technologists who take a laser-like focus on the above eight areas of a temporary contract are well-positioned to safeguard their interests, with a view to ensuring a mutually beneficial, invariably productive and commercially rewarding experience.
Evane Alexandre
Evane Alexandre is a trainee lawyer at Gerrish Legal, a digital law firm spanning Paris, Stockholm, and London. With dual degrees from France and the United States, Evane has acquired valuable knowledge and expertise in business law, with a specialised focus on digital law.
Evane currently assists companies across the globe to help them navigate legal complexities and achieve compliance seamlessly and promoting legal innovation and global business collaboration. Proficient in commercial law, contracts, intellectual property, and data privacy, Evane will qualify and register at the Paris bar in 2024.
