Employment Status

Are you a contractor? If you work for someone else, it is important to know whether you are working for that person in an employed capacity or in a self-employed capacity as an independent contractor.

Your employment status will determine the charge to tax on income from your employment or self-employment. It will also determine the class of NICs, which are to be paid.

Umbrella Companies employ you for tax purposes and complete central returns for all their contractors. It's less hassle and more flexible for you but take home pay is typically less than that the limited company option.

The best option for you depends on your plans, 'one off' contract or 'contractor for life'? [Read More...]

| |

AWR - What is the Swedish Derogation Model?

In a nutshell, the Swedish Derogation Model is way around AWR (Agency Workers Regulations)

In a Sentence

This is a work-around for contractors to avoid AWR benefits that originates from Sweden.

The Swedish derogation is an opt-out clause from European legislation that is intended to give contractors the same employment rights as equivalent permanent employees.

It means that the AWR rights to equal pay and conditions of an agency worker are negated when agency workers are employed on a permanent basis by an umbrella company (or temporary work agency) as long as they are paid between contract assignments.

Contractor Benefits

To qualify the agency worker needs to be genuinely employed by the umbrella company/agency with a permanent contract of employment and the contract is entered into prior to the start of the contract worker's first assignment.

The umbrella company will have to pay contractors in-between contracts if there's a gap and make sure the contractor is offered any available work. The responsibility that AWR imposes rests with the umbrella company.

How it Works

The contractor will enter into a permanent contract of employment with the umbrella company. The umbrella company then becomes responsible for paying the contractors' salary.

This reduces the recruitment agency's responsibilities and there's likely to be a closer professional relationship between recruitment agencies and umbrella companies.

Contract of Employment

The Contract of Employment will have to cover the following;

  1. Client details
  2. Minimum pay rates and how calculated
  3. Work location and travel
  4. Expected hours of work (minimum/maximum)
  5. The type of the work to be undertaken

The Contract of Employment will also confirm the individual becomes an employee of the umbrella company and accepts the exemption from section 5 of the Agency Worker Regulations relating to equal treatment provisions on pay.

Equal treatment in respect of duration of statutory maternity pay, paternity pay, adoption pay, sick pay working time, night work, rest periods, rest breaks and paid annual leave still apply.

[4313 Page Views]

Comments (0)

No comments yet.

Add Comment

* Required information
(will not be published)
 
1000
 
Notify me of new comments via email.
 
I have read and agree to the terms and conditions. *
 

Further Reading

  1. What is contracting and how can I become a contractor?
  2. You've got the contract, what now?
  3. What is an umbrella company?
  4. Umbrella company myths
  5. Umbrella company FAQs
  6. Umbrella company paperwork
  7. Umbrella company expenses
  8. Calling an umbrella company
  9. 10 questions to ask your umbrella company
  10. IR35
  11. Paying Employer's National Insurance
  12. Choosing an umbrella company
  13. Umbrella company alternatives

HMRC Compliance

It's the basics... Compliance with Tax, VAT, PAYE and fiscal arrangements is mandatory for contractors regardless of whether you use an umbrella company or your own limited company.

Incredible then that there are still rogue umbrella companies and limited company accountants who expose their contractors to fraud. Umbrella Compare provides THE solution, we thoroughly vet all umbrella companies and limited company accountants that we list [Read more...].

Umbrella Compare provides a holistic overview of contracting with the aim of helping new and old contractors find the right payroll solutions. Contracting should be about focusing on the contract, not payroll, accounting, HMRC and bureaucracy.