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Self-employed holidays and treaty rights
Posted: Wed Feb 17, 2016 4:27 pm
by clearnewblueuk
I understand this is a question that can possibly require deeper caselaw knowledge and is not very easy but I need help with this.
Say self-employed person takes sort of holiday INSIDE UK not doing any work, still has advertisements online, but not actively seeking new work. This time can count towards exercising treaty rights and not cause a break, is that correct? How many and how long such holidays can self-employed person have for this to not break treaty rights continuity?
As we know people who fall under a worker category have a right for a certain amount of days of leave per year (28 days, not exactly sure) or paid leave and they're considered workers and exercising treaty rights during that time while they're not working.
Thank you for your time.
Re: Self-employed holidays and treaty rights
Posted: Wed Feb 17, 2016 4:45 pm
by noajthan
clearnewblueuk wrote:I understand this is a question that can possibly require deeper caselaw knowledge and is not very easy but I need help with this.
Say self-employed person takes sort of holiday INSIDE UK not doing any work, still has advertisements online, but not actively seeking new work. This time can count towards exercising treaty rights and not cause a break, is that correct? How many and how long such holidays can self-employed person have for this to not break treaty rights continuity?
As we know people who fall under a worker category have a right for a certain amount of days of leave per year (28 days, not exactly sure) or paid leave and they're considered workers and exercising treaty rights during that time while they're not working.
Thank you for your time.
Start here:
https://www.gov.uk/government/uploads/s ... _clean.pdf
- ref page 18+
Your work has to be
genuine & effective. not
marginal & supplementary.
You will need unimpeachable documentary supporting evidence of your status & of exercising treaty rights.
There are no specific rules about holiday leave as such.
Re: Self-employed holidays and treaty rights
Posted: Fri Feb 19, 2016 12:34 am
by clearnewblueuk
noajthan wrote:There are no specific rules about holiday leave as such.
What does this mean for the situation I'm asking about?
Re: Self-employed holidays and treaty rights
Posted: Fri Feb 19, 2016 12:38 am
by noajthan
clearnewblueuk wrote:noajthan wrote:There are no specific rules about holiday leave as such.
What does this mean for the situation I'm asking about?
It means if you can prove your work is genuine & effective you are allowed to take a holiday once in a while.
Re: Self-employed holidays and treaty rights
Posted: Fri Feb 19, 2016 10:57 am
by Obie
The caselaw for worker is usually ready consistently with that of a self employed person, save for few exemptions.
Provided your holiday was consistent with the period of annual leave provided for in national law for workers in an analogous position as yourself, then you will be fine.
Re: Self-employed holidays and treaty rights
Posted: Mon Feb 29, 2016 1:07 am
by mosakhan
Obie you mean 6 week right ??