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Part-time dilemma

Q. I need to employ temporary and part-time staff to look after a number of administration duties. What rights does such an employee have for a short period of employment?

The three categories under which an individual can be employed are: employees, subcontractors and workers. Employees are employed under a contract of employment. Where someone is self-employed, the contractual relationship is a commercial one and it is important that documentation between both parties clearly indicates that it is a contractor/sub-contractor relationship. The third category of worker is an individual who would always be self-employed but is hired under a contract. They are not employees but they do have certain employment rights including the right to not suffer a deduction from their pay, to have the same rights as part-time staff and to be protected by the Working Time Regulations. If the relationship is that of worker, it is very important that there is documentation between the two parties to indicate that the relationship is that of worker.

It would be good procedure for all three categories to know when their work is likely to come to an end. Be very careful that they do not work beyond that period of time where they might start to acquire other rights.

Amongst other things a contract of employment should stipulate salary, place of work, salary details and the job position.

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