filo
Junior Member
Posts: 51
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Post by filo on Aug 26, 2006 12:15:23 GMT 1
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Post by JoY on Aug 26, 2006 14:47:17 GMT 1
Here's an extract..... If we are self-employed, we DO NOT HAVE A CONTRACT! Discuss! Self-employed
If you’re self-employed, you do not have a contract of employment with an employer. You’re more likely to be contracted to provide services over a certain period of time for a fee and be in business in your own right. You’ll also pay your own tax and National Insurance Contributions (NIC).
You do not have employment rights as such if you're self-employed since you are your own boss and can therefore decide, for example, how much to charge for your work and how much holiday to give yourself. You do have some legal protection.
For example, you mustn't be discriminated against and you're entitled to a safe and healthy working environment on your client's premises. Self-employed women who've recently left their jobs may be entitled to Maternity Allowance. |
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Post by JoY on Aug 26, 2006 14:52:00 GMT 1
I Think we should ALL READ THIS....... Very interesting and very clear!!
Are you a 'worker', 'employee' or 'self-employed'?There are three main categories of working individuals: ‘employees’, ‘workers’ and ‘self-employed’.
The definition of ‘employee’ and ‘worker’ differs slightly from one area of legislation to another, but generally if rights apply to a ‘worker’ they also apply to an ‘employee’.
If you are self-employed for tax purposes, you’re normally ‘self-employed’ for employment rights purposes.
Find out whether you’re employed or self-employed for tax purposes
Employee
The majority of people in work are employees. You’re classed as an employee if you’re working under a contract of employment. A contract need not be in writing – it exists when you and your employer agree terms and conditions of employment. It can also be implied from your actions and those of the person you are working for. Your contract will normally set out what you’re expected to do. You’ll usually be expected to do the work yourself – ie you can’t send someone else to do your work for you.
Find out more about your contract of employment
Rights of employees
As an employee, your employer is obliged by law to deduct Income Tax and National Insurance contributions (NIC) from your salary or wages before paying them to you. You’re also entitled to all minimum statutory employment rights including:
maternity, adoption and paternity leave
the right not to be unfairly dismissed
statutory redundancy pay
all the rights that are given to ‘workers’ (below)
Worker
This is a broader category than ‘employees’ but normally excludes those who are self-employed. A worker is any individual who works for an employer, whether under a contract of employment, or any other contract where an individual undertakes to do or perform personally any work or services. Workers are entitled to core employment rights and protections. The following groups of people are likely to be workers but not employees:
most agency workers
short term casual workers
some freelancers
Rights of workers
Providing any other qualifying conditions are met, all workers have rights:
to the National Minimum Wage
More about the National Minimum Wage
under the Working Time Regulations, including rest breaks, paid holiday and limits on night work
Read about the Working Time Limits
Paid holiday – read more
More about rest breaks
Find out about night work limits
to protection against unauthorised deductions from pay
More about non-payment, deductions and payslips
to maternity, paternity and adoption pay (but not leave)
Find out more about rights for working parents
to protection against less favourable treatment because of being part-time
Part-time workers – find out more
to Statutory Sick Pay
Sick pay – read more
to protection against less favourable treatment if you make a disclosure in the public interest (often called ‘whistleblowing’)
More about protection for whistleblowers
not to be discriminated against unlawfully
Find out more about discrimination
Self-employed
If you’re self-employed, you do not have a contract of employment with an employer. You’re more likely to be contracted to provide services over a certain period of time for a fee and be in business in your own right. You’ll also pay your own tax and National Insurance Contributions (NIC).
You do not have employment rights as such if you're self-employed since you are your own boss and can therefore decide, for example, how much to charge for your work and how much holiday to give yourself. You do have some legal protection.
For example, you mustn't be discriminated against and you're entitled to a safe and healthy working environment on your client's premises. Self-employed women who've recently left their jobs may be entitled to Maternity Allowance.
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