Employment Laws For Contractors / Consultants

[Tango7]

Here's an interesting little issue....

If you work for a company as a constractor / consultant but work the same as a full-time employee, what are your rights ? Let's assume the contract stipulates a typical probabtion period after whcih you become full-time employee.

After the probation period, if the contract was not actually changed but you've been lead to believe you are full-time due to working hours, payslips, health insurance and so on, but chose not to get work permit due to tax rates etc, what legal issues are at stake for both parties.

The company originally treated me as a full-time employee. Holidays, sick leave, pay-slip visa trips paid for and so on. Now, they suddenly decided to treat me as a contractor stating, no paid holidays ( even though I've been paid before ), unpaid sick leave ( even though this has not happened before and I take few sick days ) and the refusal to pay for visa runs etc, claiming that I am a contractor.

However, I've worked at the company for one year as a full-time employee.

Now, bar the work permit issue, I am assuming, or have been told that if you work for a company full-time for 180 days + you receive the same benefits etc as regular staff.

If they have me over a barrell due to work permit I do not care too much. If they play the no work permit card, I assume I can also play the same card and nto turn up to work any more.

I am happy to work and be teated properly, but this is the first time I am being treated differently.

If I find I have not been paid for a sick day or a holiday then I am going to ask them to pay based on the legal issues of 180 days. If they say no and expect me to be sacred of the no-work permit issue, I will just let them know that I will therefore not return to work.

I assume that they can't have been meploying me without a work permit anymore than I should have been working without one.

People might say that they are getting rid of me but this is not the case, they have plenty for me to do but are just being very very mean about these issues. If I have a work permit, they have to pay me. Without one, I guess they don't but in that case, I don't have to give notice either.

Any thoughts ??

[astral]

You should not be working without a Work Permit.

You risk arrest, and deportation.

I suggest you press your employer to regularise you position.

If they value your work they will be prepared to do it.

If not, time to find another job.

[JRinger]

You should not be working without a Work Permit.

You risk arrest, and deportation.

I suggest you press your employer to regularise you position.

If they value your work they will be prepared to do it.

If not, time to find another job.

Although I quite agree about the work permit; I'm just curious how long you (Astral) worked illegally before adhering to your own advise..??

[astral]

Although I quite agree about the work permit; I'm just curious how long you (Astral) worked illegally before adhering to your own advise..??

About 2 weeks, on a short term contract.

Then I made it clear that I would not work again without a permit.

That was the end of the employment there.................

and that was the attitude of one of the largest computer manufacturers.

I am moving this to the employment section as it is more about workers rights,

than work permits.