Highlights
ASSIGNMENT
Alexander graduated from college in 2019. He has a level 8 degree in IT and Marketing. He has been offered work as a web designer for an independent chain of retail pharmacies. The business is owned by Kathryn and Barry. Kathryn and Barry are equal partners in the business. There are 42 workers in total.
Alexander did take Business Law as a Module at college, however, he simply ignored the section on Contract Law, and luckily, it did not come up on the exam. As a result, he has very little understanding of the law.
Alexander has a life-partner Bob (short for Roberta) and they are hoping to buy a house together. To do this, they need to apply for a loan from their bank. Bob works as a nurse, and this means that her employment status is clear. The bank have told Alexander that if he can prove that he has a contract of service with Kathryn and Barry, then the loan will certainly be granted.
He sends you a copy of the Terms and Conditions which he has been sent by the firm. He has not yet decided whether he is going to accept the offer. He is not certain whether the business is offering him a contract of employment or whether he will be an independent contractor. Alexander received the document below when he attended at head office to meet Kathryn and Barry. Alexander was very concerned about the condition of the premises. He noticed that the floor was very slippery, and there were cables trailing across the floor from the computers used by the staff.
TERMS AND CONDITIONS CONTRACT FOR SERVICES
1. The appointee shall be granted a contract for services.
2. The appointee shall not be an employee.
3. The appointee shall be responsible for the design and maintenance of the firm’s website.
4. The appointee shall be free to work from whatever location he chooses.
5. The appointee shall be obliged to attend meetings with the firms’ partners about the businesses strategy as required.
6. The appointee may work from home/other locations/Head Office of the firm.
7. The appointee shall not be obliged to work specific hours/at specific times.
8. The appointee shall provide his own laptop and any other hardware he requires to perform his work for the firm.
9. The appointee shall submit invoices to the firm for his work by the hour.
10. The firm shall deduct PRSI but not PAYE from his wages.
11. The appointee shall receive a bonus based on increase in sales via the website (where there is an increase in sales via the website).
12. The appointee shall not be entitled to holiday pay.
13. The appointee shall not be entitled to sick pay.
14. The appointee shall be eligible to join the firms’ soccer team and the book club.
15. The appointee shall not be eligible to join the firms’ pension scheme.
16. The appointee shall not, under any circumstances, sub-contract the work on the firms’ website out to anyone else.
17. The appointee shall be answerable to the PR and Development manager of the firm on a monthly basis for sales using the firms’ website.
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