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31st January 2009, 12:47 PM
Quote:quote:Originally posted by drpeterwardle
3. There can be no such thing as a BAJR or IFA approved rate or minima. This is price fixing and is illegal.
Peter, maybe you are playing Devils Advocate or arguing semantics, but it can't go unchallenged......
I think in the case of the IFA, one of the qualifications for an organisation to gain Registered Archaeological Organisation (RAO) status is that they agree to pay a minimum wage level for certain posts. This is not price fixing as neither the IfA nor the organisation concerned is attempting to manipulate the market. If the IfA controlled a monopoly that might be different.
BAJR, I assume, merely tells potential advertisers that it will not accept adverts for jobs paying below certain criteria. Advertisers are able to advertise elsewhere and recruit whom they wish at what price they agree with the individual. Again I don't see any evidence of price fixing.
[u]But</u> you are right on the question of the self-employed. At the end of the day the only body that can make a 'binding' decision on your employment status would be Customs and Revenue.
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With peace and consolation hath dismist, And calm of mind all passion spent...
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31st January 2009, 03:04 PM
Agree with all points above..
(the Approved BAJR rates, are not price fixing, they are simply raets that I personally will not allow to be posted on BAJR - it is a case of take it or leave it... pay more, pay less... but you will not get on, if you pay below my minima)
At the end of the day the only body that can make a 'binding' decision on your employment status would be Customs and Revenue.... as it is complicated... and as my granny used to say... don't be the ass in assume. (I thought it was ok, is not going to cut it, if it is not, and believe me, the IR don't really care how you feel, they care only about how they interpret the situation - ie.. the accomodation situation)
As a self employed person, you can work for whatever you want... you could do it for 30 quid for all I care... at the end of the day, you will be the one who loses out. (to return to the origin of this thread, the company had placed adverts on BAJR for staff.. on 60 quid a day... they failed both times to mention that these posts were on self employed basis... and had this been known, they would not have been posted.
Knowledge is important in what you do, how you do it, and why.
Get yourself informed. Again... I throw down the gauntlet.. if you want to improve the guide (written by a rather expereiinced person a few years back) ... feel free...
?When a sinister person means to be your enemy, they always start by trying to become your friend.?
William Blake
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3rd February 2009, 01:52 PM
I have to say, as a self-employed archaeologist, I think this issue needs sorting out in several ways. Is it possible for the IFA to get definitive tax and employment advice on all the issues surrounding specialist/freelance work? Or indeed establish an IFA/BAJR day rate minima for self employed? I believe there was one worked out for finds specialists which was about ?200 a day (as an aside, would specialists want this? Many I feel would not). The accommodation issue as well needs sorting once and for all. Should the IFA take legal advice (are they already?) and then put out a definitive note to their members? Freelance will probably increase over the next couple of years, what effects will this have on the industry and freelancers?
The existing BAJR guide to self-employment is not really designed for those wanting to be self-employed, more is a guide to why some units insistence on saying you are self-employed are wrong. A few months ago I talked to David about a new, more 'positive' and all-encompassing self employed guide, possibly with lists/contacts etc. I don't have the experience to write a definitive guide, but could list the things I wanted to know, and those I do know. Phoning the tax man will normally sort you out, but what about things like writing contracts, or terms and conditions? The AAIS has a pro-forma contract on its website for illustration work, is this something BAJR Fed could provide? I doubt it if it remains free.
Personally, although I am a freelance, I don't think it is the future for archaeological employment and wouldn't recommend it unless you had some serious contacts, excellent reputation, and some 'guaranteed' gigs lined up to form the backbone of your year. It can be good money, and give freedom (at a price), but can fall apart very easily (trust me).
With regard to TTeam, Dr Wardle may well consider working for ?70 a day on the odd occasion within a wider year of (self)employment, doing the odd sub-rate job is fine. Lots of us do it. As a daily day rate however, it sucks.
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3rd February 2009, 01:55 PM
Quote:quote:Originally posted by bob
I believe there was one worked out for finds specialists which was about ?200 a day (as an aside, would specialists want this? Many I feel would not).
can't edit previous post. Sense is meant to be whether specialists want someone to set recommended minima, NOT whether they would be happy charging ?200 a day
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3rd February 2009, 02:11 PM
I think imposing a minima would be unwelcome... for freelancers.. what is needed is perhaps a followup guide to the BAJR guide.. in How to be self employed...
any takers
?When a sinister person means to be your enemy, they always start by trying to become your friend.?
William Blake
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3rd February 2009, 02:32 PM
Personally I agree that minima would probably be unwanted by specialists. I feel the issue may be slightly different for field workers where there was a direct comparison to BAJR rates and where people are being offered work on freelance status. I know that its very hard to compare a self-employed day rate to an employed wage, very hard to work out given variable costs etc etc, but it may be worth a caveat somewhere stating that BAJR level 3 is the same as ?X per day (over a 230 day year)? A complex one as Dr Wardle has rightly pointed out.
I'd be happy to help with a self-employed guide. I suggested a 'questions and answers' format between a prospective freelancer and an established freelancer. With potentially naive questions being answered and put in context. We could do it on here as a thread, but I'd really want it run past HMRC/tax&employment lawyer before putting it up for people to see.
Part of the answer is also getting eg Towergate insurance to write a short bit on insurance costs (they are very helpful, i thought this was going to happen). Or getting some T&C or contract agreements up. But as devils advocate say I have paid ?200 to get my legal stuff/T&C sorted, why should I give it for free to a potential competitor?!
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3rd February 2009, 03:07 PM
Towergate are indeed doing that.. (or said they are.. ) for me now.. so can be included.
a q&A format may indeed be the best way... with that sensible proviso that checking with HMRC is advised.
?When a sinister person means to be your enemy, they always start by trying to become your friend.?
William Blake
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3rd February 2009, 03:49 PM
Got a very quick reply from Tariq at Towergate... he is sending me over a rough... and will then look over what we come up with...
So lets get started.
New thread>>> :face-approve:
?When a sinister person means to be your enemy, they always start by trying to become your friend.?
William Blake
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3rd February 2009, 05:16 PM
I have checked back over the past 7 pages on this discussion and surprised myself to discover that Health and Safety at Work has not been mentioned. Not once....
A self employed person is responsible for carrying out their own risk assessment of the risks to themself and other persons on any task in which they are engaged. Surely one of the easiest ways to establish whether an archaeological employment is genuinely 'employed' or 'self-employed' is to produce evidence that this important task has or has not been undertaken.
With peace and consolation hath dismist, And calm of mind all passion spent...
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3rd February 2009, 06:20 PM
As a self-employed person you have a duty to make sure that your business premises and working environment meet health and safety requirements.
true.. though the grey area land come in when you are on a site that already has an existing Risk Assessment and H&S policy - and who has actual responsibility... where a individual could agree to an existing policy provided by the company - mitigating them having to each do their own... (I think)
?When a sinister person means to be your enemy, they always start by trying to become your friend.?
William Blake
