Nudge in the direction for the definition of a selfemployed archaeologist.

[RedEarth]

I am obviously getting very cynical, but I do what I can and I think I am particularly unimpressed by the use of self-employed staff because it seems to be typically associated with piss taking, apart from where you are dealing with specialists with a u.s.p. Usually when I have heard about something dubious it is long passed, and there is little that can be done, or it is 2nd or 3rd hand (but still reliable).

As for talking being easier than writing. It is. I really don't know how you do what you do do. Try saying that rather than writing it.

[Tool]

I really am quite alarmed at the reaction to this opportunity, and hope others aren't discouraged from advertising them by this reaction. So they indicate the kind of rates they're prepared to pay. Good. If I was self-employed but wouldn't get out of bed for less than £200 a day, I wouldn't want to waste my time putting in a tender for work that could only ever pay £100 a day (figures plucked out of the air by the way).

This idea that if self employed gives you total freedom is, bluntly, BS. Yes you have the choice as to where to work and for whom, but once you agree to provide your services to someone you do what they want! If you contracted your local mechanic to regularly service your car, you wouldn't be very impressed if he decided to let your car fall apart and redesigned your garden instead now, would you?

A day rate actually favours the prospective SE archaeologist - a fixed rate could leave them with a whole load of complex archaeology that no-one predicted (and I'm sure we've all been on those jobs!) that takes them way past the allotted time, resulting on them being out of pocket.

This is just part of the arguments above, but I think you get my drift? I really don't think you should be trying to deny the self-employed opportunities to ply their trade (and I suspect there would be some very grateful for a few weeks work) on a whole load of 'what ifs'.

[BAJR]

there is little that can be done, or it is 2nd or 3rd hand (but still reliable).

so contact me, with the names of the companies doing this. I can keep a note. If I am aware... then I am prepared.


Being an SE archaeologist is tough, but can be rewarding. it can also drive you down. This opportunity is to work with a trader who is needing help... --- the rate is up to the individual. as I have said . mine vary from 155 - 250pd for stuff like this. depends --- but then, it is up to me, and I hate doing fixed tenders. way to get burned

Rather than put people off, we should be explaining teh reality and facts. there are already two guides. the third would be useful, but I can't imagine it will be written.

Time for bed and some Eurovision dreams

[Marc Berger]

but I can't imagine it will be written.

I am looking for chiselled in stone.

but first I need a few definitions:

worker
work
field archaeologist
archaeologist
employment
self employment

I want[SIZE=2] the backroom of bajr to fight me on these definitions:[/SIZE]

This what I have come up with so far and believe me the battle with "trencharch" and "heritage statement" today has been a scheduled monumental.

Worker is everbody

Work the exchange of energery over time.

Field Archaeologists produce Records from the observation of the process of Excavation.

[SIZE=3] Excavation can only be undertaken by suitably qualified, specially aurthorised persons.

http://conventions.coe.int/Treaty/en/Treaties/Html/143.htm

Employment is definined in the Employments Rights Act 1996

http://en.wikipedia.org/wiki/Employment_Rights_Act_1996

Employment is also refered to in European treaties, conventions and directives. Employment is refered to in european treaties on human rights and freedom of movement.

Self employed is a tax status or procedure that can be applied for.

http://webarchive.nationalarchives.gov.uk/+/http://www.hmrc.gov.uk/selfemployed/register-selfemp.htm

There are no definitions for self employment set by statutory Acts and as such self employment for tax purposes is something that is wholly subject to legal precident and arbitary tribumal
https://www.gov.uk/employment-status/legal-decisions-on-employment-status

Self employment is refered to in european treaties on human rights and freedom of movement.

http://www.eurofound.europa.eu/areas/industrialrelations/dictionary/definitions/selfemployedperson.htm

There are directives about the equal treatment of self employed men and women.

http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2010:180:0001:0006:EN:PDF

Self employment could be defined by being seen to not have the same benifits as employment and that should be irrispective of gender, disability, age and ethnicity!


For the porposes of this guide A self-employed field archaeologist is definded as somebody who owns the archaeological record at the point of creation.

A world trade view would also be nice for future proofness
[/SIZE]

[pdurdin]

No, the self-employed archaeologist does not necessarily own the archaeological record at the point of creation. Like in any industry, the self-employed archaeologist may be working under a contract to generate a product for the client/contracting company. For example, as a self-employed programmer I work under contract to produce software, but the resulting code and software do not belong to me (and I definitely don't hold any copyright) unless the contract specifically contains that clause.

[kevin wooldridge]

The IfA has a view on Self-employment that could result in disciplinary action against an individual or organisation if the code of practice is breached. One of the proofs that the IfA suggest could decide in favour of the 'employer' is a report from the HMRC Status Inspector. Such reports are easy to obtain and decide, when the circumstances of the work are outlined, as to whether it is (or is not) self employment.

To avoid any future confusion over the subject why doesn't BAJR insist upon a copy of the same before accepting adverts of this type? That seems to me a very simple solution to this complex question.....It also means we can be spared a manifesto from the 'Archaeologist formerly known As'...

[BAJR]

why doesn't BAJR insist upon a copy of the same before accepting adverts of this type

Well because in the last 12 years, the Self employed "advert" has come up a remarkable 11 times ( including a self employed consultant for English Heritage back in June 2013) -- I know what you are saying.. but what I find easier is to talk directly to the person/company and go through what they are expecting and what they know. It is quicker and more direct than just asking for a report from the HMRC Status Inspector. Being a sole trader/self employed myself, I just want people to read the blinkin words on the post... and perhaps I should add a link to both the IfA and BAJR guides to self-employment in future.

Archaeologist formerly known As - will never actually write anything, so we are safe.

and if anyone hears of abuse of self employed status, then let me, the DF or IfA know. --- it has happened before and has been acted upon.

[Marc Berger]

will never actually write anything, so we are safe.

that seems a little presumptive and I must admit that I was thinking that it might be better in video format but the truth is that I am still struggling to get this heritage statement concocted so it will take a little time.

Thank you pdurdin for some feed back. I imagine that when you produce code for somebody that there is a specific function that the client wants from the programmer. I imagine that if you were just producing code from your imagination that it would belong to you.


Kevin are these reports easy to obtain? I must admit that I have had numerous conversations with the inland revenue and have wanted to get something out of them in writing and have never been told that I could get a report.

One of the grey areas is whether you are selling a service or a product.

As a self employed field archaeologist I don't think that the ifa is relevant to field archaeology.

[P Prentice]

from hmrc
As a general guide as to whether a worker is an employee or self-employed; if the answer is 'Yes' to all of the following questions, then the worker is probably an employee:

• Do they have to do the work themselves?
  
• Can someone tell them at any time what to do, where to carry out the work or when and how to do it?
  
• Can they work a set amount of hours?
  
• Can someone move them from task to task?
  
• Are they paid by the hour, week, or month?
  
• Can they get overtime pay or bonus payment?
  

If the answer is 'Yes' to all of the following questions, it will usually mean that the worker is self-employed:

• Can they hire someone to do the work or engage helpers at their own expense?
  
• Do they risk their own money?
  
• Do they provide the main items of equipment they need to do their job, not just the small tools that many employees provide for themselves?
  
• Do they agree to do a job for a fixed price regardless of how long the job may take?
  
• Can they decide what work to do, how and when to do the work and where to provide the services?
  
• Do they regularly work for a number of different people?
  
• Do they have to correct unsatisfactory work in their own time and at their own expense?
  

[BAJR]

that seems a little presumptive

Prove me wrong...
see the new BAJR Guide 35 by Giovanna Frengi on Metalworking as an example
http://www.bajr.org/BAJRGuides/35.%20Met...gGuide.pdf

sadly video is not a suitable format for a BAJR Guide.