Disgusting 90 day holiday pay scam

joebag

joebag

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If employed by an agency for 90 days or more self employed they have to by law pay your holiday pay etc....

The way these cowardly rats get around this is by saying even having a sunday off you start a new contract on the monday!!!!!

They also say if your hourly rate is £16 per hour that if you want holiday pay your wage will drop to under £10 per hour!!!?

Does anyone know if this violates any employment law or if the government is looking at the practices of these nonce employing parasites that shouldn't be looking there kids in the eyes as its scaffs that are feeding them !!!!!!:mad:
 
joe as far as im aware its law that you are entitled to holiday pay,a lot of agencys build this into what seems a better rate than the companies which leads people into beleiveing they are getting a good deal.
WHICH YOU AND I BOTH KNOW TO BE BAWLICKS.
as for the sunday and a new contract that is disgusting.
THE USE OF AGENCYS IS SO THAT THE WORKING MAN CAN BE TREATED AS LITTLE MORE THAN A BEAST OF BURDEN WHO IS SENT OUT TO PASTURE WHEN OF NO NEED TO THE CLIENT(THROWN ON THE SCRAP HEAP):mad:
 
As I have said before these agencies are parasites I feel sorry for the people that are in a position where they have no alternative but to work for these scum and this are losing out on entitlements such has holiday pay, etc etc . Sooner or later the scam will be investigated and hopefully claims for compensation will be made.
 
There is new legislation that started 6th April around employment, agencies and umbrellas. It will affect all concerned and your agency or umbrella should have said how they will be doing things in future.

A quick word on self-employment... although I am by no means an expert on the law of it.

As a self-employed individual you take home more than a PAYE employee because you pay less tax and NI and claim more in the way of expenses. For that, you are not entitled to holiday pay, sick pay etc. If you work somewhere for more than 90 day (or whatever the period is) by law you should be considered an employee and paid PAYE - higher NICs etc + your employer has to make employee contributions too... which is why umbrellas and agencies have worked the way they have for so long.

HMRC don't like that money is not going to the treasury and so the "false self-employment" legislation has been brought in.

You can't have it both ways. You either get paid less (PAYE) and get entitlements + tied to that employer or you are self-employed, get more in your pocket to make your own provisions, no entitlements but free to change where you work.

The big contractors are at fault here, imo, because it is them that are avoiding directly employing workers. I can also understand why... construction work by it's nature is temporary so they don't want to get into the whole plethora of employment rules for what is a temporary job, and be laying people off every few months.

It is HMRC that needs to get over itself and make things easier for the construction workforce, try and understand exactly what goes on in your world... They think that employers cover all the costs their workers incur!

We find inconsistencies with the way SE and PAYE are treated by HMRC all the time - and do our best to argue it.
 
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I couldnt of explained it better myself.

If you want the benefits of everything offered then go paye ...if you like the freedom that SE brings then thats for you ....but ffs dont keep moaning about it. Ive been SE for nearly 30years & never felt the need to become paye @ the end of the day you can be laid off relitivley easy & still be eligable to sweer FA....i'd rather pay less tax & nic & make my own future
 
Thanks SP, glad it made sense. Started to think I was rambling :)
 
southernpoofter said:
I couldnt of explained it better myself.

If you want the benefits of everything offered then go paye ...if you like the freedom that SE brings then thats for you ....but ffs dont keep moaning about it. Ive been SE for nearly 30years & never felt the need to become paye @ the end of the day you can be laid off relitivley easy & still be eligable to sweer FA....i'd rather pay less tax & nic & make my own future
Click to expand...

That's all very good IF they were offering decent rates
 
Been self employed all my life sp but I think ive not explained properly, we are being squeezed at every turn in our pockets either by rates or ridiculous h and s or ran into the ground by a whole host of measures that we have to stick to.

These agencies have these regulations that they are flouting at every opportunity and need to be took too task on it

the ceiling for supertax has now dropped to 32 grand and so in my eyes if we dont battle these agencies all the way on keeping a decent rate when cards in the client plus the agency can artificially set a base rate of pay lower because thats all agency lads get cards in !
 
I fully appreciate eveything you say joe,ireally do.
but tbh the way i see it, theyre there purely because of the govenments meddling in the employment laws.the old saying of if it aint broke dont try & fix it make sense...its all about trying to get more tax & NIcontributions out of us & the building game has allways been a soft target.
if theyd lft the old style 714s or se60s there would be no need for the umberella companies. Theres allways been agencies but the differnce now is theyre trying to flout the laws whilst creaming huge profits from the industry.
The new law that came into force on the 5th means that if your on an agency then you must be paye....but theyre not informing the guys & cont to tell them theyre SE.....eventually hmrc will catch up with all SE & inspect & audit their status-just because you have a UTR No doesnt mean you qualify under the hmrc technicalities for status & most people will have their status revoked, which means you can be billed for up to 7years of back NICs at the rate of 9% oc your gross earings....the agency that employed you will also be liable for 10% & seeing as they employ loads of guys thats alot of money for them,so i would assume that being a limited company they would fold oweing nothing....but through ignorance the poor old scaff is left with a mega bill.
there will allways be need for the ability to employ staff for short time, so im sure there will allways be agencies.
but if you look at some of the jobs being offered with high rates -some scaff companies have realised that its better to pay temporary workers the same rate that they woulda had to pay an agency & of course dont have to pay vat so are better off....nothing wrong wiv this eveyones happy , as long as theyre honest wiv the operative on the duration of the contract....unfortunitly though the market at the moment although on the up - in my opinion- cannot sustain such high rates of pay for all operatives & runs the risk of individuals putting themselves out of the labour market through demanding too higher rate....how many people used to say a few years ago i wouldnt get outta bed for £85 & will now be saying "i wouldnt get outta bed for £130" lol.....plenty of eastern europeans waiting for the chance to earn a decent wage!!!
 
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I have worked subby for both firms and agencies, its my choice.
Agencies are there to fill in a void for temporary work, but why cant firms do this direct to the scaffolder as the rates agencies charge must be a damn site more than a scaffolder himself wants?
If that were to happen, at least it would stop the umbrella companies from taking a chunk out of the scaffolders wages every week, which in my eyes are the real parasites in this industry.
 
THE FACT THAT YOU HAVE "TEMPORARY WORKERS" ON LONG TERM (6 MONTHS AND MORE) JOBS DOES MY FECKING HEAD IN
THERE ARE PLENTY OF MEN WHO WOULD LOV ETO WORK FOR A COMPANY KNOWING THEY HAD A WEE BIT OF SECURITY OF A FULL TIME JOB ALL BE IT FOR 6 MONTHS.
WHEN WORKING WITH AN AGENCY A TAP ON THE SHOULDER AND YOUR GONE,ANY WAGE DESCREPENCIES AND YOU HAVE TO PHONE THE CLIENT THEN THE AGENCY AND THEN THE CUUNT PAYROLL SERVICE YOU PAY TO GET YOUR OWN MONEY:mad:
 
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