What should be included in an employment contract? |
Is a worker an Employee or Self-Employed ?
The difference between being an employee or self-employed will affect that person's employment rights. In deciding this question the law says that the following has to be looked at:
a) Does the employer control what work is done ?
b) Does the employer control where, when and how the work is done ?
c) Does the employer provide holiday and sickness pay ?
d) Is the employer taking the financial risk ?
e) Is the employer responsible for paying Tax & National Insurance Contributions ?
If the answers to the above are yes then that person is likely to be employed, rather than self-employed, no matter what the employment contract says.
What information must an Employer give to an Employee when they start ?
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