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Dads contractor rights

  • 03-12-2007 10:56am
    #1
    Moderators, Home & Garden Moderators, Regional Midwest Moderators, Regional West Moderators Posts: 16,724 Mod ✭✭✭✭


    Guys,
    My Dad is contracted to work for a large Irish newspaper to deliver the papers each morning (363) days per year. His morning starts about 5.15am and IF the papers are in on time he may finish about 9.30am. More than often this is not the case and he has been finishing at 10, 11 and even 12 some days.

    He has been doing this job full time for 10 years, and was covering the Sunday only run for over 20 years.
    He supplies his own van and fuel, he get a per mile payment.

    Over the last 10 years the number of drops have increased by 19, the bulk size of the papers have nearly doubled and the number of bundles been delivered has trebled, but the mileage increases, the last been 3 years ago, have been very very poor.

    My Dad is in his sixties, he needs this job to keep "things going", he loves his job, be it unsociable and has a real fear that if he pipes up looking for an increase that he can be let go at their will.

    My query is really does he have any rights, should he be entitled to a mandatory increase per year or even how, in the nicest way possible could he try and lever more money out of them, considering the price increases in fuel over the last 3 years he really needs it, not to mention deserve it.
    He covers roughy 130 miles per day, he also now has to deliver books to schools, has magazine, special books etc which he get nothing for as they are "on your route".

    Any advice we really would appreciate as he needs to change his van, as his 1998 hiace can no longer handle the bulk and he needs to make a decision on where he is going with this.

    Thanks in advance


Comments

  • Registered Users, Registered Users 2 Posts: 2,375 ✭✭✭padser


    The question really boils down to whether or not he is an employee, or an outside contractor.

    It sounds to me like he is an outside contractor, in which case he can be let go - whenever the contract runs out.

    He could attempt to appeal to appeal it on the basis that he is an employee, but the fact he owns his own van will go against him. Providing significant 'tools' such as this are one of the primary ways of suggesting that someone is in fact an outside contractor.

    It seems to me that your best bet is to think about whether or not someone else is likely to take on the job for lower money? If its unlikely that they will, then he can probably safely request more money, but if its possible that a bigger company will do it for what he is being paid now, then he may have to decide to put up, or get out.


  • Moderators, Home & Garden Moderators, Regional Midwest Moderators, Regional West Moderators Posts: 16,724 Mod ✭✭✭✭yop


    I see what you are saying, there are few of them covering different papers and areas, but no one will disclose what they are on.


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