self employed=monthly pay ??????????

bigjluk

i am a sub contractor,have been working for the same person,on the same site since february.my wages are paid monthly a week into the following month (eg start work 1st feb,paid 8th march).i pay my own travel,ppe,and pay my own NI stamp.the firm i sub contract off pay my tax.my question is ,is it lawful to be paid monthly,as i have been informed fortnightly is the limit,also if this is the case i am entitled to holiday pay.can someone please enlighten me.

JoeCrystal

I was under impression that self-employed people have no rights to holiday pay. :think:

bigjluk

its what i have been told ,this comes into play if your monthly paid,and also it is on the same site all the time

dmg24

You seem confused as to whether you are self employed or employed?

LittleVoice

I think there are rules for construction site workers but I don't know the details. I think the OP probably works in the building trade. Is that right bigjluk?

Hammyman

bigjluk wrote: »

i am a sub contractor,have been working for the same person,on the same site since february.my wages are paid monthly a week into the following month (eg start work 1st feb,paid 8th march).i pay my own travel,ppe,and pay my own NI stamp.the firm i sub contract off pay my tax.my question is ,is it lawful to be paid monthly,as i have been informed fortnightly is the limit,also if this is the case i am entitled to holiday pay.can someone please enlighten me.

If you are self employed there is no right to holiday pay. There is also no right to weekly, monthly or any other period pay - that would be something laid down in the terms of trading between you and your customer - the person you subcontract to. Being truly self employed, you can sometimes be lucky to get paid within 60 days.

LittleVoice

Well when a building contractor is paying under the Construction Industry Scheme (CIS), they have to submit a monthly return listing who they have paid and declaring that none of the workers listed is an employee. Given that the return is monthly, I see no reason why they would need to pay a worker fortnightly.

robredz

LittleVoice wrote: »

Well when a building contractor is paying under the Construction Industry Scheme (CIS), they have to submit a monthly return listing who they have paid and declaring that none of the workers listed is an employee. Given that the return is monthly, I see no reason why they would need to pay a worker fortnightly.

The subcontractor's invoice, or renumeration would be subject to whatever was agreed in their contract, written or verbal regarding the frequency of payments imho. Holiday pay is normally not paid to contractors who are responsible for making their own arrangements, and in many cases have to provide cover at THEIR expense, so they will try to cover with another subby who they will pay less than their contracted fee, so as to at least have some income whilst on holiday.

Whether the construction industry is different, I don't know, but in distribution I have known invoices to be settled weekly and varying periods up to quarterly, in one case a subby had to work 4 months before being paid. And the scenario according to Hammyman is about right.

(Very simplified google IR35) The CIS declaration is to make sure that they don't get hit by the provisions of IR35 which would deem the subby's employees and put them "cards in" with all the implications and costs to the main contractor.