# Can I be forced to into contract work with my current employer



## CKT (25 Mar 2010)

Hi,

I am currently on temporary lay off with my company, I will be employed there 2 years in June.

I have been told that I might being going back to work in the next week or two. I have also been informed that I might have to come back to work as a contractor, meaning I only get paid when there is work. 

Can I be forced to take this?? And can anyone tell me the pros and cons


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## vector (27 Mar 2010)

Generally speaking its bad for you and good for the employer.

You lose things like paid holidays, sick days, you go back to a dickenzian system whereby you are paid for the hours you work and that is that. You can be let go on a whim.

I've found in some industries people start off on contracts and then get upgraded to being PAYE employees when they have proved themselves, but going the other way? generally a bad thing,

unless you are in PR or something where you might like the freedom to work for 5 clients at a time?


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## tenchi-fan (28 Mar 2010)

I doubt you have many rights as you worked there for less than 2 years. You're being made redundant. It's your choice whether you want work on a contract basis.


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## Complainer (28 Mar 2010)

tenchi-fan said:


> You're being made redundant.


That's not how the employer described it.


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## CKT (28 Mar 2010)

Thanks for replies,

Can I say no if they ask me? I haven't been made redundant yet, but I think they might let me go and take me back on contract


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## tenchi-fan (28 Mar 2010)

Complainer said:


> That's not how the employer described it.



Maybe not, but if he refuses to keep you on as an employee and you don't go along with his arrangement will you still have a job?

He obviously looked into all the benefits from his point of view. Now you need to look at the cons. 

You probably heard a lot of self-employed people complaining about not being able to claim the same state benefits as paye workers (including disability). You would need to sort out your own tax affairs (do you have experience with this?) And you wouldn't have some basic rights such as parental leave, an employment contract (which includes minimum hours, sick leave and a job description), union support, minimum wage and working hours regulations.


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## Berni (28 Mar 2010)

Bear in mind that if you are still doing the same work as before, the Social Welfare Scope section may take the view that you are still de facto an employee.

Their's is the only opinion that really matters, regardless of what you and your employer may agree between you.

http://www.welfare.ie/EN/Publications/SW106/Pages/5WhatdoesScopeSectiondo.aspx


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