Employed or S/employed

[Rupe]

If your contract with him states minimum hrs then that may save you some on holiday pay ect.All employees p/t and f/t are now entitled to same holidays ect

 

Thats what I mean though, you don't need to save on holiday pay! Its not an additional cost. All it is is wages spread out over a year so the employee gets paid every week.

 

You could give an employee a contract and give them 12 weeks holiday if they want it, won't cost a penny, it just mean they get a lot less every week.

 

In the example I gave above if the self employed guy is on 70 a day and has 12 weeks holiday that 52-12= 40 weeks worked which is 14K a year, so you put him on paye with 12 weeks holiday and you pay him 14K over 52 weeks which is £269 a week with 12 weeks off.

 

Only problem with that is the employer only has 40 weeks a year to make a profit out him, and the guy is on not much a week but you get my meaning?

 

Holiday pay is not a thing to worry about, base pay on annual salaries and don't worry about day rates.

 

Some fulltime climbers say they are on x day and it doesn't sound much but if they are getting that while on holiday then it means they are effectively getting more for each day of work.

[Mozza]

Is there a Law/Rule about employees not being able to work over 48 hours a week now? Unless they opt out of it, Or something

 

Not 100% but im sure ive heard something like that over the last couple of years!!

[smiles]

Is there a Law/Rule about employees not being able to work over 48 hours a week now? Unless they opt out of it, Or something

 

Not 100% but im sure ive heard something like that over the last couple of years!!

 

Thats right,I come from an engineering background and we had to sign opt out documents to allow us to work some odd shift patterns that meant we had to exceed 48 hours on some weeks - easily done on 12hr shifts.

 

I think it was one of the "European directives"

[jamesw]

Also i think there is a rule about time inbetween shifts must be over 8hrs?, thats from when i work 12hr shift pattern.

[csservices]

I'm sure I was told years ago that if I worked for 4 days a week or more for more than 6 weeks at a time then the person I was working for had to take me on as an employee? More recently when I was subbing reguary for a guy he told me his accountant had told him to invoice the work as works as per estimate rather than just putting labour at x hours, as apparently thatsd another way around it as billing it like that means you are billing on a per job basis rather than just charging labour which would mean you could be construed as an employee

[jamesw]

When i work for other people i just put down either; 1 X amount of hours labour inc fuel or 2 1 days Labour etc. Is that wrong, Although i don't work for just the one company?

[Gavin]

Ok guys, this is aimed at the guys who work for themselves, like me. I need some help regarding what to do with my groundie Dean (apart from whip him harder) At the moment he is self employed and has been for years, until 2 years ago he was a s/e scaffolder, then he came to me, now it seems he shouldnt be s/employed at all, i got a letter asking a few questions so got in touch with HMRC and asked there guy, his reply was he should be employed as he is working full time hours, with my liability cover, using my tools etc etc, the deffonition of a s/employed person is someone who provides his own tools has own insurance etc like contract climbers. Do i try and "blag "it or do i take him on,i can do this on a limited contract but i dont want the hassle with PAYE and NIC etc. what are your guys on? I would rather him stop SE but i want to be on the right side and not get any nasty supprises in 12 months time.

 

What do i do?

 

ive just had to take on my guy he was self employed now employed he used to be day rate and worked bloody hard to finnish early every day.

the change now is it costs me about a extra £150 pm a extra insurace policy of 800pa and holiday pay

we told him no sick pay or maternity as he keeps reproducing kids.

 

have a look at bunging him a few quid to buy his own gear ? and then take it out his wages per month? your then not supplying his tools to work with .

as long as his providing you with a receipt when you pay him for his services you should be sorted

[felixthelogchopper]

Thats right,I come from an engineering background and we had to sign opt out documents to allow us to work some odd shift patterns that meant we had to exceed 48 hours on some weeks - easily done on 12hr shifts.

 

I think it was one of the "European directives"

 

European Working Time directive

[felixthelogchopper]

we told him no sick pay or maternity as he keeps reproducing kids.

 

 

I might be wrong but I don't think you can opt out of giving a full-time employee paternity or maternity leave.

[Gavin]

im under the impression if you draw up a contract of employment which suits you and your employee agrees and signs your ok