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Peninsula Group, HR and Health & Safety Experts
(Last updated )
Peninsula Group, HR and Health & Safety Experts
(Last updated )
In this guide, we’ll look at what contract farming is, who’s involved in them, and what your agreements require when conducting business with third parties.
From industry knowledge to latest machinery – farms present all kinds of needs to assist their daily operations. When tasks require additional help, farmers may resort to contract farming.
Through agriculture contract farming, farmers gain better support towards reaching their productivity goals. However, the right steps must be taken beforehand. If not, you could end up with unlawful contracts, compensation fines, and business losses.
In this guide, we’ll look at what contract farming is, who’s involved in them, and what your agreements require when conducting business with third parties.
Contract farming is a joint venture between two parties: the farmer (who is the owner) and the contractor (who is the service provider).
Farm contracting doesn’t involve equality between the two parties. Farmers seek out specific contractors for use of their products or services. For example, asking for expert knowledge on slurry farming. Or seeking professional help on tackling farmers mental health.
There are usually two main parties involved in a farming contract, and each have their own obligations through agricultural law.
Before you decide to work with a contractor, farmers should outline the terms of contract farming agreements first. The agreement may include the following areas:
Farmers stand as the ‘responsible person’ during any kind of contractual work. This means they have ultimate control should the project cause financial or safety risks. This also means you must take proper steps towards relevant legal duties and compliance.
The role of each party should be clearly outlined within the contract. This includes their titles, work duties, and any other task-related information. A successful partnership is one that respects each other’s responsibilities, as well as productivity expectations.
Remuneration (or payment) should always be covered within the agreements. Farm contracting prices are usually agreed to by both parties before anything is officially signed. The agreement may also include details on separate bank accounts for either party (i.e., to buy supplies or receive income).
Contract farming arrangements are mostly suitable for enterprise-level farms. These businesses usually run multiple outlets; i.e., like producing by-products like dairy or textiles, or selling animal meat and crops. The agreement should include which line of work the contractor is connected to, and whether it may overlap into multiple sectors.
Contract farming evokes numerous benefits for both farmers and contractors. For example:
Contractors are also benefits from:
Whilst the benefits are many, there are certain downsides that come with contract farming. Farmers could face the following disadvantages:
Contractors can also suffer from disadvantages like:
Contracting is an excellent way to multiple and diversify your farming business. With the right people, you’ll have access to the best labour, equipment, and all-round expertise. Let’s take a look at how to start a contract farming agreement with a contractor:
Farmers should start by selecting a contractor for the specific work they need completing. They could be chosen based on a single or multiple services they provide.
It’s important to evaluate your farming goals when choosing contractors. Look into performance rates and even testimonies to establish whether they’re the right people to initiate a partnership with.
As contract farming agreements are a legally binding document, it’s vital for farmers to seek legal advice beforehand. These should only be drafted by professional experts, like an agricultural consultant or lawyer.
These professionals will look into all kinds of legislative areas whilst drafting the agreement. For example, the main ones include:
When drafting a farming contract agreement, the bulk of the document is made up of the terms and conditions. Farmers should ensure agreements cover all terms on ownerships, assets, and profit sharing.
It’s also important to clarify what each party’s role is, what their objectives are, and what is expected from them. It can also include the main aspects of the project, as well as timeframes and deadlines.
Contractors will carry out work to receive a basic fee. This amount is generally fixed (i.e., per hectare or breeding animal). Basic fees usually cover costs rather than relate to making profit.
Farmers receive a basic return in exchange for providing land, buildings, and infrastructure needed for the agreement. As the contractor is the risk-taker, they’re basic fee is usually paid first.
The leftover profit after all costs is accounted for. This is then shared between either party on a percentage basis agreed to beforehand. Usually, the contractor earns more as rewards for their work and performance.
Farming projects cover all kinds of requirements and demands – each distinct to their own lands. That’s why it’s common to seek expertise and support when it’s necessary.
Peninsula offers expert advice on contract farming. We offer 24-hour H&S advice – ensuring any agreements with third parties are law-abiding and water-tight.
Want to find out more? Contact us on 0800 028 2420 and book a free consultation with one of our Health and Safety consultants today.
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