Employment rights

bshmf

I have been working for the same company in the same role continuously for 5.5 years with one six week break. I started part time as a temp, self employed contractor with a verbal agreement . After 8 months I began working for them fulltime. I have asked many times to be employed full time. Many times they have promised to do so but they always avoid it. They still refuse to recognise me as an employee. Can they do this legally?

Diziet

Get some advice from workplacerelations.ie on this, it does not sound right. You should be a regular employee after 4 years.

punisher5112

12 months and over you have rights unless they say let go and re hire before doing so.

Is there a union?

I would talk to citizen information 1st as they are free and will be able to help.

Wrc is another option but I would use this as last resort.

Bicycle

Are you responsible for your own tax?

Are you precluded from working anywhere else?

You really need to speak to someone from Workplace Relations. This is a bit more complex than just being full time or not full time. Your social welfare entitlements could be affected too.

davidind8

Bicycle wrote: »

Are you responsible for your own tax?

Are you precluded from working anywhere else?

You really need to speak to someone from Workplace Relations. This is a bit more complex than just being full time or not full time. Your social welfare entitlements could be affected too.

I'd only add to Bicycle's very relevant questions

do you set your hours of work?
do you provide your own equipment?
are you able to subcontract your work to other self employed people at your discretion?

if the answer to all of these are no and you dont provide your own tax or take work from elsewhere you likely are entitled to be considered an employee.

Definitely take advice but if you want to do more reseach look up bogus self employment online, theres a lot of info out there on this as theres been a lot of cases over the last few years, also look up mutality of obligation, its really important in Irish law in this area.

bshmf

davidind8 wrote: »

I'd only add to Bicycle's very relevant questions

do you set your hours of work?
do you provide your own equipment?
are you able to subcontract your work to other self employed people at your discretion?

if the answer to all of these are no and you dont provide your own tax or take work from elsewhere you likely are entitled to be considered an employee.

Definitely take advice but if you want to do more reseach look up bogus self employment online, theres a lot of info out there on this as theres been a lot of cases over the last few years, also look up mutality of obligation, its really important in Irish law in this area.

I pay my own tax as a sole trader as the employer refuses to do it as an employee. I have been tolerating it as I need don't have a choice.

The employer set the hours and location and I cannot subcontract.

I

I do work another (paye) job in the evenings

davo10

You said you are a sole trader, therefore you are registered with revenue as being self employed owner of a business, presumably providing a service to employer.

If you are paying your own tax and you are a self employed contractor, why do you think you have a right to be a full time employee?

Do you submit invoices to the employer? How are you paid?

bshmf

davo10 wrote: »

You said you are a sole trader, therefore you are registered with revenue as being self employed owner of a business, presumably providing a service to employer.

If you are paying your own tax and you are a self employed contractor, why do you think you have a right to be a full time employee?

Do you submit invoices to the employer? How are you paid?

I believe that after such a long time that I am a defacto employee based on the attached .

Bicycle

You are at a point where you need to get some advice. Workplace Relations is a good place to start. Or an employment law solicitor.

It would appear that you are in a position where you are defacto employed.

The employer dictates your hours of work and you cannot subcontract. But you will need to build a case. And be prepared for resistance from the people you work for.

MadamRazz

Do you invoice your employer for your hours or do you have a set payment each week/month? Also, does everyone working there get paid the same as yourself?