, we've not cut his wages or his hours once during this recession. He's on €500 + a week for driving around and supervising a team of 4 lads. !!
Complainer my apologies, I've reread the OP's posts, particular this. Sounds like an employee to me.
, we've not cut his wages or his hours once during this recession. He's on €500 + a week for driving around and supervising a team of 4 lads. !!
No problem.Complainer my apologies, I've reread the OP's posts, particular this. Sounds like an employee to me.
Sorry but to me that's like saying "No Guard, I never had motor insurance, sure I've never had to claim before".We have no procedures, we've never had to fire anyone before...
Your accountant is correct - there are several aspects of the situation that could have adverse consequences for you.... The only person we have recived advice from was our accountant, who said it could come back on us, and to be careful ...
If you read the Revenue guidelines in the link supplied by Latrade above, I think you will find there is a possibility that Revenue will conclude he is an employee. This potentially has adverse consequences for the employer in a bullying / extortion situation, especially as there are no guidelines or procedures in place.... He is an indepentant contractor so he has no contract as such...
Basically useless unfortunately as the contract in itself is inadequate in establishing the status of an individual in an organisation from a Revenue perspective.... The only thing they sign when they start working for us, is a mini contract i suppose that our solicitor drew up for us saying that they are fully aware they are independant contractors, and they are responsible for their own tax and prsi contributions, work is never guaranteed things like that. It's pretty basic....
+1I may be missing something here but I don't see where you have said that you have asked for and received the version of events from your long-standing member of staff?
Surely this should be your first step. Call him in, advise him of the complaint against him and ask for his side of the story. Then reserve your reaction until you have considered this.
This thread has been reopened after consideration by the moderators.
Samanthajane, you might bear in mind that by posting here you are potentially alerting all the people involved to what is happening, if any of them are reading Askaboutmoney. Please make sure you don't say anything that could identify the individual engaging in the alleged extortion.
When you say 100%, does this mean that Revenue have confirmed to you that they approve of this arrangement? Because they are the only people who can give you 100% on this. The fact that you don't do all the other things that employers do (minimum wage, holiday pay, guaranteed hours) doesn't mean that you will get away with this. The fact that they have signed up as independent contractors doesn't mean that you will get away with this.
I may be missing something here but I don't see where you have said that you have asked for and received the version of events from your long-standing member of staff?
Surely this should be your first step. Call him in, advise him of the complaint against him and ask for his side of the story. Then reserve your reaction until you have considered this.
Complainer is right, Revenue have their own rules about contractors and chances are the OP does not meet them. We even had an argument with them which we eventually won. As far as they were concerned just because we had desk for someone they were an employee, despite the fact that they had their own company, worked for a couple of other of companies at the same time and was only here for a few half days each week.