Freelancer rights

LegacyUser

So I have been doing the same job for close to 4 years.

Exact same job, Monday to Friday.

I am freelance and I get the same money every week. Paid monthly on production of an invoice. This is paid into my bank account. I pay the vat and tax myself. Every year since year one I have asked to be taken off freelance and be made an employee. So far the company has refused, it is not open for discussion.

Fast forward to covid times. My hours were cut and as a result without any discussion I was told that I would not be paid for that. Post..ish covid and the hours have been restored less a 20% paycut. Sort of like a take it or leave it scenario.

I was told that if they decide tomorrow that they want to terminate my freelance agreement that I do have some rights as I have been doing the same job for longer than 2 years.

Could anybody confirm that or point to a link where I can read more about it?

Can they sack me or do they have to offer redundancy or some description?

Dav010

Were you employed on a FTC? If so, how long for?

After 2 years, in some circumstances, you may be entitled to redundancy payment if your position is made redundant.

The maximum a FTC, or series of them can last is 4 yrs, after that, if you are retained, you must be made an employee on a contract of indefinite duration.

LegacyUser

I am given 6 month contracts twice a year.

Althogh nothing has been signed since January.

Batgurl

https://www.citizensinformation.ie/en/employment/employment_rights_and_conditions/contracts_of_employment/fixed_term_or_specified_purpose_contracts.html

Renewal of fixed-term contracts

“Employees cannot be employed on a series of fixed-term contracts indefinitely.

If an employee whose employment started on or after 14 July 2003 has been employed on 2 or more continuous fixed-term contracts, the total duration of those contracts may not exceed 4 years. After this, if the employer wants the employee to continue in the job, they must be employed under a contract of indefinite duration.

The only exception to this statutory provision is where there are objective grounds justifying the renewal of a fixed term contract. The employer must be able to demonstrate that a further renewal is appropriate and necessary to achieve a legitimate objective.

The Unfair Dismissal Acts 1977–2015 contain a provision aimed at ensuring that successive temporary contracts are not used in order to avoid that legislation. Where a fixed-term or specified-purpose contract expires and the individual is re-employed within 3 months, the individual is deemed to have continuous service.

Therefore, even if an employer excludes the unfair dismissals legislation in the manner described above, an adjudicator of the Workplace Relations Commission will consider whether the use of such contracts was wholly or partly to avoid the employee having the protection of the unfair dismissals legislation. If it is considered that this was the case and the contracts were not separated by more than 3 months and the job was at least similar, then the case can be dealt with as if there was continuous employment and the employer will be required to justify the dismissal in the normal manner.”

So basically, it depends on your current contract(s).

vandriver

Is this relevant when the OP is a contractor?

wally1990

You mentioned upon producing an invoice hence billing for your services you are paid thus not being an employee of them nor on their payroll.

Are you registered for income tax as a sole trader or are you using an umbrella company where you operate as a director or employee of that company and invoice from there?

antix80

Batgurl wrote: »

“Employees cannot be employed on a series of fixed-term contracts indefinitely.

Just as well op isn't an employee.

Batgurl

antix80 wrote: »

Just as well op isn't an employee.

It will depend on the agreement she has with the company.

Freelancers are usually defined as people who have the power to set their own hours of work, and pay. OP doesn’t seem to have control over either of these things.

Elegant Chaos

If you've been doing the same job for four years, and you don't provide services for another company, it will be very hard to argue that you are not actually an employee. Do some research, you'll find plenty of guidance e.g this.

Dav010

antix80 wrote: »

Just as well op isn't an employee.

That really depends on whether the contractor is self employed/does his/her own tax returns, or whether the op is a contractor employed on a fixed term contract for a specific duration or task.

The op will need to provide more detail.

antix80

Dav010 wrote: »

That really depends on whether the contractor is self employed/does his/her own tax returns, or whether the op is a contractor employed on a fixed term contract for a specific duration or task.

The op will need to provide more detail.

"production of an invoice.... I pay the vat and tax myself."

I'm not saying the op doesn't have a case for saying he/she is an employee, but the "employer" certainly doesn't have them on the payroll.

Dav010

antix80 wrote: »

"production of an invoice.... I pay the vat and tax myself."

I'm not saying the op doesn't have a case for saying he/she is an employee, but the "employer" certainly doesn't have them on the payroll.

Sorry, missed that in op.

LegacyUser

I have no idea how to do multi quotes so I will reply as best as I can.

Dav, I have been employed on a FTC every 6 months for nearly 4 years except the company call it Independent contractor.

Wally, I am a sole trader for tax purposes.

Bargurl, I 100% have no ability to set my own hours. They are defined in the contract. I can do extra work but I am paid for that.

The employer certainly does not have me on the payroll. As I said in first post I have asked to made an employee every year but they have refused.

Thanks for the help so far. I work in a niche industry and there is not a lot of people that could do my job but they like to have you living in fear. Pre Covid this would have counted for about 40% of my income, now its about 80% of my work. Right now I do not want to rock the boat but I would rather be fully informed should they decide to cut my job. The biggest bugbear is that I have no annual leave and as such have not taken any time off in 2020 as I can't afford it.

Love2love

Ok so it seems you are on a contract for service (contractor) as opposed to a contract of service (employee) There are organisations that do this legitimate and some to avoid paying PRSI and giving employment rights. When it comes to the courts - they apply 3 tests when trying to determine this depending on how integrated you are in the company, whether you set your own hours and whether you are allow to subcontractor the work to someone else. There have been numerous cases like this before the courts but I'm on my phone and can't link everything. I think one was Dunnes Stores.

You'll find more info here: https://www.revenue.ie/en/employing-people/becoming-an-employer-and-ongoing-obligations/guide-to-pay-as-you-earn-paye/determining-the-employment-status-of-an-individual.aspx

antix80

Anon the freelancer wrote: »

Thanks for the help so far. I work in a niche industry and there is not a lot of people that could do my job but they like to have you living in fear. Pre Covid this would have counted for about 40% of my income , now its about 80% of my work.

Ah.. From your first post it sounded like your fulltime job.

Just because you aren't setting your own hours doesnt mean you're an employee.. Businesses who use cleaners have them come a set day a week.
Likewise, not the company's fault your income took a hit due to covid. This is actually an argument against you being considered an employee.

Do you use your own tools/equipment/software or are the provided by the employer?
Do you provide materials?
Can you subcontract the work?
Could you bring say, your nephew on site to teach him the trade?

I know you can't give too much info as to be personally identifiable, but you're wasting time here by not including enough info.

You should probably get yourself to a solicitor. Maybe call the WRC, i don't know if they give good advice for free or only get involved when there's a dispute.
https://www.workplacerelations.ie/en/what_you_should_know/

LegacyUser

Antix80, It is a full-time job in the sense that I do the exact same job at the exact same time Monday-Friday year round. It is also office based if that makes a difference. I work alongside full time employees and have to abide by the company policies.

Yes I am sole trader and outside of this job I have other income which is more fluid. I never said that it was the company's fault that my income took a hit due to covid. My point there was that pre covid this job accounted for about 40% of my income, now it accounts for about 80% of my income due to other work drying up.

In relation to use of tools, nephews etc the answer is no!

I thought I was giving a lot of information as best as I could and others especially Love2Love have been very helpful.