Results 1 to 9 of 9

Thread: entitled to h/pay

  1. #1
    Join Date
    Jan 2011
    Location
    bradford,west yorkshire
    Posts
    182
    Thanks
    3
    Thanked 45 Times in 30 Posts

    Default entitled to h/pay

    anybody know if self employed labour ony scaffs are entighteld to h/pay if so how does it or should it work

  2. #2
    southernpoofter's Avatar
    southernpoofter Guest

    Default

    No ur not

  3. #3
    Join Date
    Dec 2010
    Location
    Dundee
    Posts
    3,505
    Thanks
    1,573
    Thanked 1,640 Times in 1,059 Posts

    Default

    No You Are Not, Because If You Are Entitled To Holiday Pay Or Any Other Benefit You Are Not Self Employed. And As Such You Should Be On The Books Or Paye,

  4. #4
    southernpoofter's Avatar
    southernpoofter Guest

    Default

    Couldnt av put it better myself gerscaff

  5. #5
    Join Date
    Jan 2011
    Location
    bradford,west yorkshire
    Posts
    182
    Thanks
    3
    Thanked 45 Times in 30 Posts

    Default

    i thought that but i know sombody got 5k+ a few year ago where im working now they paid him out before the court hearing was due

  6. #6
    Join Date
    Sep 2010
    Location
    North London area
    Posts
    79
    Thanks
    120
    Thanked 44 Times in 28 Posts

    Default

    I thought labour only sub contractors could only work for the same company for up to 12 weeks. I thought after that the subby should be entitled to all the benefits of PAYE except claims of unfair dismissal.

    ---------- Post added at 07:31 PM ---------- Previous post was at 07:13 PM ----------

    The highest court in the land – the Supreme Court – has ruled that subcontractors can be employees of the business that hires them, even if they have a written contract which expressly states that they are not employees. The ruling will be of great interest to businesses that choose, for a variety of reasons, to keep their workforce "off the books" by treating them as independent subcontractors rather than as employees.

    Why is the ruling significant?

    Because this is a ruling of the Supreme Court, it is effectively the "final say" on the matter. All lower courts, which include employment tribunals, must follow the same reasoning in cases that come before them.

    What was the case about?

    The case concerned car valeters who acted as subcontractors to a car valeting company – Autoclenz – which prepared cars for auction.

    The subcontractors claimed holiday pay under the Working Time Regulations and to be paid the National Minimum Wage, both of which do not apply to subcontractors who are genuinely self-employed, but which do apply to employees and other "workers".

    "Subcontractor"; "worker"; "employee" – what's the difference?

    The difference between "subcontractors", "workers" and "employees" is important because they each enjoy different employment rights. An employee enjoys full employment rights, in particular the right not to be unfairly dismissed, subject in most cases to one year's service, as well as the right to paid holidays and to be paid at least the national minimum wage.

    A "worker", which may include some agency workers and labour-only subcontractors in industries such as construction, has the right to paid holidays and the national minimum wage, but not to claim unfair dismissal.

    A true subcontractor, on the other hand, is in business on his or her own account and does not enjoy any of these rights.

    What does the ruling mean for my business?

    The ruling has no impact on ordinary subcontract arrangements that businesses may have from time to time with other businesses or with genuine self-employed people.

    However, the ruling is very important for businesses which use a business model similar to Autoclenz. This will include cases where subcontractors are kept "off the books" by having a contractual arrangement with the business which uses their services, but where, in reality, they work for that business on a regular basis.

    My business uses a team of self-employed subcontractors - what can I do to protect my business?

    The Supreme Court ruling makes it virtually impossible to construct a written contract with a subcontractor that is absolutely watertight against future claims by the subcontractor for rights including the national minimum wage and holiday pay.

  7. #7
    Join Date
    Feb 2010
    Location
    Greatest city on Earth
    Posts
    844
    Thanks
    6
    Thanked 298 Times in 217 Posts

    Default

    Yes after 12 weeks of CIS for the same company your are entitled to the same benefits as PAYE employees, that's why after 12 weeks on London bridge, the lads get finished on paper, and get started again on the monday
    LUFC TILL I DIE

  8. #8
    Join Date
    Jul 2010
    Posts
    1,901
    Thanks
    373
    Thanked 743 Times in 478 Posts

    Default

    It's all very murky isn't it.

    The thing is, if you want to be self-employed (as has been said before on other threads) you enjoy taking home more money but you do not then get any benefits that your fellow PAYE colleagues are entitled to... they pay higher NI and quite often, more tax for less tax breaks.

    Can't have it all ways.

    I think the rules (particular surrounding construction) truly suck! Small businesses working contract to contract want to use CIS (self-employed) but then can become unstuck because of the rules surrounding length of time employed (eventually).

    Construction by its very nature is very transitory - who was it that said "Get on your bike" and now our construction workforce have, traveling all over the country following the work, HMRC want to penalise and make it difficult.

  9. #9
    Join Date
    Jan 2011
    Location
    bradford,west yorkshire
    Posts
    182
    Thanks
    3
    Thanked 45 Times in 30 Posts

    Default

    the place i work for the last 25 year on and off more on than off years at a time self employed and never had a penny h/pay,and as for earning more than somebody on pay as you earn its a load of ++++++++ soon as its abit quiet a day of or maybe a few hours a day not 8

Tags for this Thread

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  

New To Site? Need Help?