Magazine article Marketing

Legal Q & A

Magazine article Marketing

Legal Q & A

Article excerpt

Q l am a freelance marketing consultant. I only really work for one company. Sometimes I work four days, sometimes two, and now and again there is nothing. I have been with the company on and off for about six months. Am I entitled to any paid holiday? The company says no because there is no fixed agreement. My friend says yes because they are my primary employer. Who is right?

You will be entitled to paid holiday if you are an employee. In order to ascertain whether you are an employee, you will need to consider whether you have a contract of employment as opposed to a contract for services. In order for thereto be a contract of employment situation, there must be an obligation on a person to provide work personally to the employee, and a mutuality of obligation between employer and employee.

The first point means that if you are unable or unwilling to do the work personally, and therefore you appoint a substitute, then this means there cannot be a contract of employment. …

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