Critical Path aims to give you a background to your legal position as a freelancer or independent contractor.
  The articles published here are intended as a brief summary of points you should consider and are for general guidance only.
   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.
  For openers

 

 

 For openers

 So far, you may have felt isolated as a freelance or independent contractor. We start with some articles written to make you feel at home with the new work ethic. You may feel isolated, but you are not alone.

 

 This first issue is accompanied by stills of the old workplace. These are taken from 'Born to Work', a classic document of the past ways of working written by Huw Beynon with photographs by Nick Hedges.



the index

But first, a summary of the varied contributions from different parts of the globe. Once you have read what others have to say, you may realise that you also have a contribution to make. Please don't hesitate to share your own concerns and experiences.

 

 

 




  

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

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 Computers Cause
Temporary Working Insanity

a background to the increase in temporary workers which parallels the growth in microcomputing

So What Can We Do?

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.

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Rory McPherson of employment law specialists Trade Union lawyers Thompsons Solicitors and Solicitor Advocates writes two articles for

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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.

In The Power of the Economic Bully Rory paints a worst case scenario as to what contractual pitfalls can await the unsuspecting freelancer.






 

Mary Williams Edgar, the moderator of Critical Path writes on the psychological pitfalls of a life as a freelance or independent contractor

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 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.

Busy, very busy...






 

 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.

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 John specialises in advising software companies. He writes from the perspective of corporate law. What he says reflects contractual practice in the market place.
As a freelance or independent contractor you are now in that market place.

The Positive Role of Contracts.






 

Jeremy Solomons is a Texas-based consultant, speaker, trainer and writer on international business and career-life planning issues.

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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?

Workers have choices in defending their rights

 

 

 

 

 

 is dedicated to the concerns of the isolated worker worldwide

 we want to break the isolation