2nd August 2008, 04:00 PM
please consider the following
http://www.hmrc.gov.uk/manuals/esmmanual/ESM0500.htm
It is not impossible -not at all, to be a freelance excavator, it is you who is in control however, and you decide how to do it, when and for how much, providing the required equipment to do the job...
To take one of the examples and translating it to archaeology....
Control over what is done:
Example 1
Field Archaeologist A is taken on by a company which has a contract to evaluate a development site. The worker has been taken on as a Field Archaeologist and the contract with the company is to act as a digger as directed. During the first month the worker excavates at the first site. The company switches Field Archaeologist A to another site during the second month where it has another contract. During that month Field Archaeologist A is told to return to the original development site where they need more staff. In this case the engager has control over what the worker does at any particular time. This is a pointer towards employment.
Example 2
Field Archaeologist B is taken on by the same company with the contract to evaluate a development site. Field Archaeologist B contracts with the company to excavate and record . The work is to be completed within 3 weeks. It is up to Field Archaeologist B to decide what work they are going to do in order to fulfil this contract and the company cannot tell them to do anything else. In this case there is no control over what is to be done which points to self-employment.
Example 3
Field Archaeologist C is the third worker to be taken on to evaluate the development site. Field Archaeologist C contracts with the company to evaluate a development site. The work is to be completed within 3 weeks. 2 weeks into the job the company asks if they can work on another site , Field Archaeologist C agrees to do but for extra money.
Because the original contract was specifically evaluate the development site, the company did not have the right to instruct Field Archaeologist C to carry out this additional work. Instead, Field Archaeologist C has voluntarily agreed to undertake the additional work for an additional fee under a new and separate contract.
The original contract is still effective and must be completed that work within the agreed time scale. Again, the company has no control over what is to be done and the contractual arrangements point towards self-employment.
When the work is done
Example 1
Field Archaeologist A is engaged as an excavtor. The contract requires attendance at the development site for 37 hours per week. Those hours have to be worked between 8am and 6pm, Monday to Friday. There is one tea break in the morning of 30 minutes and one in the afternoon, both of 30 minutes, and lunch breaks last no more than one hour. If Field Archaeologist A wants to leave the site they must obtain permission from the Project Officer and leave requests must be made 2 weeks in advance of holidays being taken. This extensive control over when the work will be carried out is a pointer towards employment.
Example 2
Field Archaeologist B is engaged as an excavator, working as part of a team on a development evaluation. Worker B has a contract that stipulates the work can only be carried out between 8am and 6pm Monday to Friday, as the development site is only available for entry during these hours. Although there is limited control over when Worker B can carry out the work, within this broad framework they are free to work as they please. On its own, this tells us little about whether Worker B is employed or self- employed and you would need to consider other factors before being able to make a judgement about status.
How work is done
Example 1
Field Archaeologist A is engaged as an excavator. Detailed instructions are provided on how to carry out the duties. These include instructions on how the recording will be conducted, what sampling strategy, what to excavate and how to plan and photography features. Field Archaeologist A is given little flexibility over how to carry out the job. This is a strong pointer towards employment.
Example 2
Field Archaeologist B is engaged as an excavator. The contract stipulates that B is to excavate to provide specific information as an end product. Payment will only be made if work is carried out to a satisfactory standard. The contractor makes a quality control check but has no right of control over how B completes the contract. This lack of control is a mild pointer towards self-employment.
It is very complicated, but in general, unless you (as the self employed archaeologist) have little control of where you work, when you work, and how you work? you are more than likely EMPLOYED? this does not even go into the requirements for being self employed.
"I don't have an archaeological imagination.."
Borekickers
http://www.hmrc.gov.uk/manuals/esmmanual/ESM0500.htm
It is not impossible -not at all, to be a freelance excavator, it is you who is in control however, and you decide how to do it, when and for how much, providing the required equipment to do the job...
To take one of the examples and translating it to archaeology....
Control over what is done:
Example 1
Field Archaeologist A is taken on by a company which has a contract to evaluate a development site. The worker has been taken on as a Field Archaeologist and the contract with the company is to act as a digger as directed. During the first month the worker excavates at the first site. The company switches Field Archaeologist A to another site during the second month where it has another contract. During that month Field Archaeologist A is told to return to the original development site where they need more staff. In this case the engager has control over what the worker does at any particular time. This is a pointer towards employment.
Example 2
Field Archaeologist B is taken on by the same company with the contract to evaluate a development site. Field Archaeologist B contracts with the company to excavate and record . The work is to be completed within 3 weeks. It is up to Field Archaeologist B to decide what work they are going to do in order to fulfil this contract and the company cannot tell them to do anything else. In this case there is no control over what is to be done which points to self-employment.
Example 3
Field Archaeologist C is the third worker to be taken on to evaluate the development site. Field Archaeologist C contracts with the company to evaluate a development site. The work is to be completed within 3 weeks. 2 weeks into the job the company asks if they can work on another site , Field Archaeologist C agrees to do but for extra money.
Because the original contract was specifically evaluate the development site, the company did not have the right to instruct Field Archaeologist C to carry out this additional work. Instead, Field Archaeologist C has voluntarily agreed to undertake the additional work for an additional fee under a new and separate contract.
The original contract is still effective and must be completed that work within the agreed time scale. Again, the company has no control over what is to be done and the contractual arrangements point towards self-employment.
When the work is done
Example 1
Field Archaeologist A is engaged as an excavtor. The contract requires attendance at the development site for 37 hours per week. Those hours have to be worked between 8am and 6pm, Monday to Friday. There is one tea break in the morning of 30 minutes and one in the afternoon, both of 30 minutes, and lunch breaks last no more than one hour. If Field Archaeologist A wants to leave the site they must obtain permission from the Project Officer and leave requests must be made 2 weeks in advance of holidays being taken. This extensive control over when the work will be carried out is a pointer towards employment.
Example 2
Field Archaeologist B is engaged as an excavator, working as part of a team on a development evaluation. Worker B has a contract that stipulates the work can only be carried out between 8am and 6pm Monday to Friday, as the development site is only available for entry during these hours. Although there is limited control over when Worker B can carry out the work, within this broad framework they are free to work as they please. On its own, this tells us little about whether Worker B is employed or self- employed and you would need to consider other factors before being able to make a judgement about status.
How work is done
Example 1
Field Archaeologist A is engaged as an excavator. Detailed instructions are provided on how to carry out the duties. These include instructions on how the recording will be conducted, what sampling strategy, what to excavate and how to plan and photography features. Field Archaeologist A is given little flexibility over how to carry out the job. This is a strong pointer towards employment.
Example 2
Field Archaeologist B is engaged as an excavator. The contract stipulates that B is to excavate to provide specific information as an end product. Payment will only be made if work is carried out to a satisfactory standard. The contractor makes a quality control check but has no right of control over how B completes the contract. This lack of control is a mild pointer towards self-employment.
It is very complicated, but in general, unless you (as the self employed archaeologist) have little control of where you work, when you work, and how you work? you are more than likely EMPLOYED? this does not even go into the requirements for being self employed.
"I don't have an archaeological imagination.."
Borekickers