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Self employment on student visa

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  • 15-10-2021 11:24pm
    #1
    Posts: 0


    Are foreign students allowed to be self employed in Ireland?

    I was wondering why so many south Americans work for deliveroo.

    Deliveroo workers are self employed but they still need to be legal here to work.



Comments

  • Registered Users Posts: 78,327 ✭✭✭✭Victor


    Who says Deliveroo workers are self employed? Deliveroo just says they aren't employed by them.



  • Posts: 0 [Deleted User]


    Deliveroo drivers are self employed. That is part of their contract with deliveroo



  • Registered Users Posts: 81,799 ✭✭✭✭Atlantic Dawn
    M


    Fast food deliveries to be shut down by 3pm tomorrow.



  • Registered Users Posts: 2,623 ✭✭✭endofrainbow


    and if they're all here on student visas, how can they be working all the hours God gives them? I thought the max was 20 hours a week - 40 during school holidays.



  • Posts: 0 [Deleted User]




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  • Registered Users Posts: 26,240 ✭✭✭✭Peregrinus


    Most international students would be on Stamp 2. The conditions of stamp 2 allow you to take up casual employment for 20 hrs/week during term, and 40 hrs/week during vacation. They don't allow you to engage in any other business or trade.

    The fact that Deliveroo says that their riders are self-employed, or the fact that the contract between Deliveroo and the rider says that, does not means that as a matter of law the riders are self-employed. This depends not on what term the parties use to describe the relationship between them but on the realities of that relationship. Courts/tribunals/officials will look at factors such as who controls the way the work is done, whether one party is obliged to offer work and the other party is obliged to accept it if offered, whether the worker can send (and pay) someone else to do the job if he doesn't want to do it himself, whether and to what extent the worker has become an integral part of a business, as opposed to carrying out work that is peripheral or accessory to the business, etc, etc.



  • Registered Users Posts: 78,327 ✭✭✭✭Victor


    Martin McMahon https://twitter.com/williamhboney1 has done a lot of work on bogus self-employment. https://twitter.com/search?q=from%3A%40williamhboney1%20bogus%20self%20employment&src=typed_query&f=top

    Essentially DSP and Revenue treat all couriers as self-employed, based a on a single, dubious test case. Employers live this, is it means they don't have to pay Employers PRSI



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