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Employees to submit monthly "Invoice"

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  • 30-11-2011 7:46pm
    #1
    bryanpj
    Registered Users Posts: 7 ✭


    hi all
    I was just wondering is it legal to operate an office whereby your employees are required to submit invoices each month, thereby presenting themselves as independent contractors and not employees of the company.

    This is how the office i worked for over the summer functions, and it seems very unfair to me, as the "employees" do not have any of the benefits they are entitled to. If it is a legal loophole type situation, why isn't every other greedy employer doing it?

    thanks
    b


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    #2
    Outkast_IRE
    Registered Users Posts: 7,515 ✭✭✭Outkast_IRE


    I believe there is something in the law saying if you are acting in all capacities the same as a normal employee then you should be hired as a normal employee and not a contractor.

    have a read off this it should help somewhat http://www.citizensinformation.ie/en/employment/types_of_employment/full_time_employment/types_of_employment.html#la82be


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    #3
    LegacyUser
    Registered Users Posts: 166,026 ✭✭✭✭LegacyUser


    If you have to submit monthly invoice you are regarded as self employed and you therefore have responsibility to make your own tax return. As a self employed person you would not be entitled to claim unemployment if this employer lets you go. They are doing this so they don't have to pay tax or prsi as your self employed. Also you don't have the same protection as a person who is employed by the company ie notice, redundancy ect.
    I also know that some companies are vat registered which means they may be offsetting your monthly invoices from the vat they are due to pay. Also from what I know if you have an accident in work you have to be on the books if you have to make a claim from the companies insurance. In the case of monthly invoice working this may not be the case.
    I would ring revenue and just ask some general questions - ie if I work on a monthly invoice bases am I regarded as self employed if I am doing work for the same person or company for a few months? Do I have to register as self employed in this case? Do I pay tax to your each year as a lump sum & when does this have to be paid? I am covered insurance wish if I am working on a monthly inv bases for one employer for 1 month plus? You don't want to run into trouble with revenue. You need to decide what do do once you find out these answers.


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