3rd February 2009, 06:42 PM
From their site, and interesting in relation to the previous pages of discussion:
For freelance contractors who might be viewed by HM Revenue & Customs as ?disguised employees? within the IR35 legislation, having sound contracts in place is all the more important.
First and foremost, it is essential to have a contract for services with your business, not a contract of service or employment contract with you personally. This contract should accurately reflect the relationship between parties, and should include the following elements:
* A substitution clause allowing the work to be performed by another person provided by your freelance business; there will usually be terms relating to right of veto, suitable qualifications and so forth.
* A clause specifying that there is no "mutuality of obligation" between the parties; in other words, there is no "obligation, on the one hand, to work and, on the other, to remunerate."
* A clause stating that you will not be subject to supervision, direction or control as to the manner in which you render the agreed services; as a professional, you will use your own initiative as to the manner in which the services are delivered.
Interesting stuff on that site. ?120 a year to join them. I don't see why they would want to affiliate with a few freelance archaeologists who don't want to pay anything! Indeed this is partly the problem I suspect, being freelance involves a lot of outlay, but a lot of us may get away with doing it on the hoof and don't actually cover ourselves fully, or fully comply with the law? As an example, how many freelance site workers are there? and how many have proper insurance? If we are serious about being freelance then joining such an organisation for around a day's money is part and parcel of doing it properly?
I'd be very interested in what the IFA can offer freelancers, although most of this stuff is not about archaeology, its about running a business effectively and legally, so I don't know what exactly they could offer?
As to H&S on sites, yes if they have done RA's and method statements you could maybe use them and read and sign on to them, but I'd still be happier doing my own, at least to check theirs were OK, and to to have paperwork on file. At the very least have done a RA of using their RAs! Again, a lot of people get a phone call, turn up at site, and do the job, without thinking it all through. Most muddle by, some get burnt.
For freelance contractors who might be viewed by HM Revenue & Customs as ?disguised employees? within the IR35 legislation, having sound contracts in place is all the more important.
First and foremost, it is essential to have a contract for services with your business, not a contract of service or employment contract with you personally. This contract should accurately reflect the relationship between parties, and should include the following elements:
* A substitution clause allowing the work to be performed by another person provided by your freelance business; there will usually be terms relating to right of veto, suitable qualifications and so forth.
* A clause specifying that there is no "mutuality of obligation" between the parties; in other words, there is no "obligation, on the one hand, to work and, on the other, to remunerate."
* A clause stating that you will not be subject to supervision, direction or control as to the manner in which you render the agreed services; as a professional, you will use your own initiative as to the manner in which the services are delivered.
Interesting stuff on that site. ?120 a year to join them. I don't see why they would want to affiliate with a few freelance archaeologists who don't want to pay anything! Indeed this is partly the problem I suspect, being freelance involves a lot of outlay, but a lot of us may get away with doing it on the hoof and don't actually cover ourselves fully, or fully comply with the law? As an example, how many freelance site workers are there? and how many have proper insurance? If we are serious about being freelance then joining such an organisation for around a day's money is part and parcel of doing it properly?
I'd be very interested in what the IFA can offer freelancers, although most of this stuff is not about archaeology, its about running a business effectively and legally, so I don't know what exactly they could offer?
As to H&S on sites, yes if they have done RA's and method statements you could maybe use them and read and sign on to them, but I'd still be happier doing my own, at least to check theirs were OK, and to to have paperwork on file. At the very least have done a RA of using their RAs! Again, a lot of people get a phone call, turn up at site, and do the job, without thinking it all through. Most muddle by, some get burnt.