ChatterBank4 mins ago
Freelancing advice
4 Answers
I currently work at a publishers on a contract and that is about to expire, they want me to stay on for a couple of weeks instead of taking my accrued 2 week holiday which I was polanning to take at the end of my contract.
I have agreed to stay on but at enhanced rates, equivalent to that the company pays freelancers.
The problem is that the HR department have now mentioned that as a freelancer I'd need to pay out for my own insurance so offered the suggestion of keeping me on the payroll at a lower rate of pay. I'm not sure if they're just trying to get a better deal for themselves here or if it is actually a legal requirement for freelancers to have insurance.
Is there any legal requirement that employers must ensure that their freelancers have insurance? Having contracted some myself, I have never been told that I need to see evidence of insurance.
Does anyone know if it's possible, as an alternative, to get my employer to draw up another contract agrereing to the enhanced rate of pay for the work I do for the next 2 weeks?
I can't think of the best way round it and want to make sure that my employers aren't trying it on!
I have agreed to stay on but at enhanced rates, equivalent to that the company pays freelancers.
The problem is that the HR department have now mentioned that as a freelancer I'd need to pay out for my own insurance so offered the suggestion of keeping me on the payroll at a lower rate of pay. I'm not sure if they're just trying to get a better deal for themselves here or if it is actually a legal requirement for freelancers to have insurance.
Is there any legal requirement that employers must ensure that their freelancers have insurance? Having contracted some myself, I have never been told that I need to see evidence of insurance.
Does anyone know if it's possible, as an alternative, to get my employer to draw up another contract agrereing to the enhanced rate of pay for the work I do for the next 2 weeks?
I can't think of the best way round it and want to make sure that my employers aren't trying it on!
Answers
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(2-part post):
What type of insurance are you referring to?
I rather doubt that it's National Insurance but, just in case, I'll get that out of the way first. If you're a freelancer, you're meant to tell the tax man that you're self-employed. That involves completing a tax return by the relevant date and also paying National Insurance at the self-employed rate (which is lower than you'd pay on PAYE).
Other than National Insurance, no self-employed person is required to have any form of insurance unless some external body requires it. For example, a local authority might not give a contract to a self-employed builder unless he can show that he's insured against claims for loss or damage due to his poor workmanship. However, that doesn't mean that the builder can't trade without insurance; it simply means that he can't get a local authority contract.
What type of insurance are you referring to?
I rather doubt that it's National Insurance but, just in case, I'll get that out of the way first. If you're a freelancer, you're meant to tell the tax man that you're self-employed. That involves completing a tax return by the relevant date and also paying National Insurance at the self-employed rate (which is lower than you'd pay on PAYE).
Other than National Insurance, no self-employed person is required to have any form of insurance unless some external body requires it. For example, a local authority might not give a contract to a self-employed builder unless he can show that he's insured against claims for loss or damage due to his poor workmanship. However, that doesn't mean that the builder can't trade without insurance; it simply means that he can't get a local authority contract.
Similarly, there's no legal requirement for anyone contracting for a publisher, on a freelance basis, to have any form of insurance. However, the publisher might have insurance against, say, claims for libel. Such insurance might only apply to employees of the company. It would not be unreasonable for such a publisher to require than any contractor has their own insurance (indemnifying not only the contractor but the publisher against any possible claims). It wouldn't be a legal requirement but neither would it be an unreasonable requirement from the publisher. (Although,as an occasional freelance writer myself, I've never heard of anything like it).
Any contract of employment is entirely separate from any other contract which may have previously existed between the two parties. You're not obliged to accept any particular rate of pay and the publisher is not obliged to offer any particular rate (other than a minimum equal to the national minimum wage). You can demand what you like (at the risk of being refused by the publisher) and the publisher can offer what they like (at the risk of being turned down by you). It's all down to your negotiating skills.
Chris
Any contract of employment is entirely separate from any other contract which may have previously existed between the two parties. You're not obliged to accept any particular rate of pay and the publisher is not obliged to offer any particular rate (other than a minimum equal to the national minimum wage). You can demand what you like (at the risk of being refused by the publisher) and the publisher can offer what they like (at the risk of being turned down by you). It's all down to your negotiating skills.
Chris
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