Employee v Freelance basis

micromary

I am starting off a new online site next month. The site is almost fully developed and I have a few teachers in place. As this is a start-up company I am seeking to employ on a "freelance basis" per hour they have a class. My situation is one of the girls has advised me that she works in a part-time job from Monday to Thursday and if she worked at another job part-time she would need to be employed rather then freelance or she loses all entitlements. I have tried to ring and talk to Revenue but I might as well talk to the wall as getting through to them. Does anybody have any advise for me on what to do or who should I speak to? I am thinking of going into Dublin city on Thursday to speak to Revenue in person as it is does not make sense doing it otherwise. Cheers for any advise.

Peterdalkey

I am helping `a friend set up a personal services business and we wanted to use part time contractors rather than employees. They would have no fixed hours and would be free to accept or reject any task offered. I emailed Revenue (local district) and got a pretty comprehensive reply and an invite to bring in my paperwork and see hwhat could be done. However it was pretty clear from the reply, Revenue are very against this kind of arrangement. They do have guidelines published http://www.revenue.ie/en/tax/rct/determining-the-correct-employment-status-of-a-worker.html.

My advice is to contact your local revenue office in writing with a detailed outline of how you intend to operate... haveing read the above info first!!


cheers
Peter

micromary

Cheers Peter for that, appreciate it. Btw looking to sort out work contracts and forward them onto some people this week. Since this is the first time of doing this I need some advise of who to contact re work contracts, drawing them up and issuing them via email to applicants who have been successful. Any advise or who to contact would be great. I am living in North Dublin.

Peterdalkey

micromary wrote: »

Cheers Peter for that, appreciate it. Btw looking to sort out work contracts and forward them onto some people this week. Since this is the first time of doing this I need some advise of who to contact re work contracts, drawing them up and issuing them via email to applicants who have been successful. Any advise or who to contact would be great. I am living in North Dublin.

We have used John Barry of Management Support Services for many years and so have many of my pals. We have found them far more expert in employment law, complience and disciplinary matters than lawyers. And far better value from a cost perspecticve,. I have no connection other than as a client, see http://www.mssirl.com/


cheers

Peter

micromary

Thanks as always Peter. Your help has been great and much appreciated. I am sending them an email now re this.

Voltex

There is a pretty clear distinction between contracts for and of service.

http://www.lawplus.ie/Contract_of_Service_and_Contra.864.0.html