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You can find information on your rights as an agency worker on GOV.UK. In terms of employment law (which is a bit different from tax law) agency workers are usually ‘workers’ for employment law purposes (the category that falls somewhere between employee and self-employed) and as such are entitled to basic protections, such as being paid at least the national minimum wage (NMW) or national living wage and working time entitlements such as paid annual leave). This is a cost to the temping agency, but it is usually covered in the fee that is charged to the end client by the agency. Technically, you are usually neither an employee of the end client nor of the agency, however under a special tax law rule, the temping agency is usually deemed to be your employer (see below for an exception) and is responsible for deducting income tax and National Insurance contributions (NIC) under PAYE from the salary paid to you. You will usually perform tasks under the day-to-day supervision of someone at the end client location but will send time sheets to the work agency, who will pay you. In a typical temping agency situation, an agency will supply you to an ‘end client’. Some people find work through a temping agency. I am working through an agency – what is my position? Some information on deciding employment law status can be found on GOV.UK. For employment law, there are three potential statuses to consider – employee, ‘ worker’ and self-employed. Tax law only recognises two types of status – employed and self-employed. Employment law status is different from tax law status. whether you can be neither employed nor self-employed Įmployment status is also important for working out what employment law rights you have.whether you can be employed and self-employed at the same time.
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what to do if you are still unsure of your employment status.when you are likely to be self-employed.We also give more information on the following topics in that same section: There is information on the issues to consider and what to do if you are unsure if you are being treated as employed or self-employed properly, in the self-employment section. There is no straightforward legal definition of what it means to be employed or self-employed. When you start working for someone, it is their obligation to understand whether the law sees you as their employee or sees you as self-employed – your employment status – in order to decide whether they need to operate Pay As You Earn (PAYE) on your wages.
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