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Critical Path aims to give you a background to your legal position as a freelancer or independent contractor. |
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The articles published here are intended as a brief summary of points you should consider and are for general guidance only. |
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The copyright of each article and photograph remains with the named author, to whom you should apply for permission to copy or reproduce their work in any form. |
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For openers |
For openers |
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Marc Belanger was the moderator of SoliNet
in its formative days. Solinet, the Solidarity Network, was an Internet
resource for unionists and supporters of the labour movement run by the
Canadian Union of Public Employees and operated by union labour. He writes
two articles for next... |
Computers
Cause a background to the increase in temporary workers which parallels the growth in microcomputing a perspective for unions, the traditional battlers for workers and workplace rights in this new employment climate. |
As a freelance or independent contractor you are in the position of a business supplying goods or services to a client. You are no longer in the legal position of an employee. Your agreement to accept the work offered is necessary before a contract exists in law. Do not think of yourself as the small fish who has no option but to agree the terms offered. In the contractual situation your standing is equal in law to the party who offers the contract. The fact that you may be dealing with a multinational and the fees offered are peanuts does not affect your legal status. Do not accept the power of the economic bully and agree to dodgy contracts. You can negotiate to change the terms of a contract and, if you are unhappy with them, you should do this at the earliest opportunity. Do not just do the work and hope for the best. It will probably never happen. |
next... |
Rory McPherson of employment law specialists
Trade Union lawyers Thompsons Solicitors and Solicitor Advocates writes
two articles for next... |
Freelance Workers -
the Legislation outlines the UK legislation
which defines the differences between the rights of a freelance worker or
independent contractor and those of an employee. |
Mary Williams Edgar, the moderator of Critical
Path writes on the psychological pitfalls of a life as a freelance or independent
contractor next... |
Have you ever heard of an underpaid or underemployed freelance consultant? Mary outlines why personal PR can be the greatest barrier to improving your terms and conditions as an isolated worker. |
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Most commonly the organisation which wants the work done will produce a contract for you to sign. Unless you are in agreement with all the terms of that contract, which you normally indicate by adding your signature, no contract exists. Remember, however, that there is such a thing as a verbal contract. Despite the legal standing of a verbal contract, from twenty years experience as a freelance I would suggest that they are not worth the paper they're written on! We will tackle how to deal with the verbal contract situation at a later date. |
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To help your basic understanding of the law
of contracts as it applies in Scots law we include some extracts from a
contracts workshop run by John Salmon, IT law specialist. next... |
John specialises in advising software
companies. He writes from the perspective of corporate law. What he says
reflects contractual practice in the market place. |
Jeremy Solomons is a Texas-based consultant,
speaker, trainer and writer on international business and career-life planning
issues. next... |
Jeremy writes of the problems occasioned by the very nature of independent contractors. He characterises them as loners who resist group involvement and action, allowing manipulative employers to divide and rule. Independent contractors face abuse and exploitation Workers do have a choice. But is that choice simply to say 'yes' or not work? |
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