Triangular employment contracts Triangular employment contracts
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  1. #1

    Nervous Newbie


    Join Date
    Sep 2008
    Posts
    5

    Default Triangular employment contracts

    Nobody seems to have covered this problem

    If you take up work via an umbrella agency to a client (Belgium for example) and dont have your own Ltd company for invoicing etc, who is your employer ?

    You cannot be classed as an independant (even if contract states this from umbrella) because you are subordinate at place of work (client), cannot take leave or work for someone else and reside full time in country, registered in Limosa and at Commune, expenses paid by client.

    They all state (umbrellas) that they deduct the belgium NI, social and taxes from your salary but by the same measure try and class you as independant, both cannot be right. You appear to have no legal employee status!

  2. #2

    Umbrella Queen

    LisaContractorUmbrella's Avatar
    Join Date
    Jun 2006
    Location
    Colchester
    Posts
    5,370

    Default

    Quote Originally Posted by compaid View Post
    Nobody seems to have covered this problem

    If you take up work via an umbrella agency to a client (Belgium for example) and dont have your own Ltd company for invoicing etc, who is your employer ?

    You cannot be classed as an independant (even if contract states this from umbrella) because you are subordinate at place of work (client), cannot take leave or work for someone else and reside full time in country, registered in Limosa and at Commune, expenses paid by client.

    They all state (umbrellas) that they deduct the belgium NI, social and taxes from your salary but by the same measure try and class you as independant, both cannot be right. You appear to have no legal employee status!
    I don't know how it works in Europe but, in the UK, if you work through an umbrella you are classified as an employee and therefore have employee rights such as sick pay and maternity pay
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