Self-employed workers
"Self-employed' means that you do not work under a contract of employment and work only for yourself.
- Self-employed worker means a person who works for gain or reward otherwise than (without) under a contract of employment or apprenticeship, whether or not employing others.
- A person is self-employed if they run their business for themselves and take responsibility for its success or failure.
- Self-employed workers are not paid through any legal wages system , and they do not have the rights and responsibilities of an employee.
For example:
- Plumber,
- Temporary workers like Freelancing activity
- Daily Wages Labourers etc.
Most self-employed people will know if their work poses a risk to the health and safety of others.
A self-employed worker must consider the work they are doing and judge for themselves if it creates a risk or not.
For example, if a self-employed worker operates a fairground ride for the public to use, then the self-employed worker's work could affect the health and safety of other people, and that self-employed worker must take appropriate steps to protect them, as the law will apply to the self-employed worker.
(Refer: www.hse.gov.uk)
Responsibilities of the Self-employed workers:
- The self-employed have responsibilities that are similar to employees’:
- To take reasonable care of their own H&S and the H&S of others who might be affected by their acts or omissions.
Employment law does not cover self-employed people in most cases because they are their own boss.
If a person is self-employed, they have:
- protection of their health and safety
- protection of their rights against discrimination (in some cases)
- the rights and responsibilities set out by the terms of the contract they have with their client
Someone is probably self-employed if they’re self-employed for tax purposes, and most of the following are true:
- they put in bids or give quotes to get work
- they’re not under direct supervision when working
- they submit invoices for the work they’ve done
- they’re responsible for paying their own National Insurance and tax
- they do not get holiday or sick pay when they’re not working
- they operate under a contract (sometimes known as a ‘contract for services’ or ‘consultancy agreement’) that uses terms like ‘self-employed’, ‘consultant’ or an ‘independent contractor’
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