Taxi Driver Online :: View topic

Might be able to get drivers to sign it but can't see how they could enforce it if they subsequently leave

Bart wrote:

Might be able to get drivers to sign it but can't see how they could enforce it if they subsequently leave

That is my thought. These drivers will believe anything. :lol:

Urgh, spit, having to agree with TT there! No company can make anyone sign a contract binding them to work for them; everyone has a right to not work for anyone! As self-employed, they have even more right not to work for someone!

What would the company do if someone did leave their circuit before the end of the contract?

If they have destroyed their s/emp status with the contract, HMRC may be interested to claim there share of Employer's NIC contributions and PAYE deductions!

One of the firms here are so desperate to keep drivers that they have told them that if they are on a school run they can't leave the company for the duration of the contract. I have been told that the drivers have even signed a "contract" agreeing to this.
They are all self employed drivers. Can the company do this?

Author:	grandad [ Mon Sep 15, 2014 11:12 am ]
Post subject:	Is this legal
One of the firms here are so desperate to keep drivers that they have told them that if they are on a school run they can't leave the company for the duration of the contract. I have been told that the drivers have even signed a "contract" agreeing to this. They are all self employed drivers. Can the company do this?

Author:	Bart [ Mon Sep 15, 2014 12:31 pm ]
Post subject:	Re: Is this legal
Might be able to get drivers to sign it but can't see how they could enforce it if they subsequently leave

Author:	wannabeeahack [ Mon Sep 15, 2014 12:32 pm ]
Post subject:	Re: Is this legal
We have 1 driver who, fed up with the base wanting him in, not letting him go home, etc he drew up his own contract however while i can see what he can offer the base (himself and £320 a week for his E7) I cant see what the base can offer him, and under common law a contract has to be fair to both sides with an element of profit

Author:	grandad [ Mon Sep 15, 2014 12:43 pm ]
Post subject:	Re: Is this legal
Bart wrote: Might be able to get drivers to sign it but can't see how they could enforce it if they subsequently leave That is my thought. These drivers will believe anything.

Author:	trotskys twin [ Mon Sep 15, 2014 1:55 pm ]
Post subject:	Re: Is this legal
grandad wrote: Bart wrote: Might be able to get drivers to sign it but can't see how they could enforce it if they subsequently leave That is my thought. These drivers will believe anything. Depends what the contract says, clearly it removes all pretention of being "self employed" self employed cannot be subject to a contract dictating times and routes ?? you are accepting a contractual obligation between 2 party's

Taxi Driver Online http://www.taxi-driver.co.uk/phpBB2/

Is this legal http://www.taxi-driver.co.uk/phpBB2/viewtopic.php?f=1&t=25129	Page 1 of 1

Author:	roythebus [ Mon Sep 15, 2014 4:04 pm ]
Post subject:	Re: Is this legal
Urgh, spit, having to agree with TT there! No company can make anyone sign a contract binding them to work for them; everyone has a right to not work for anyone! As self-employed, they have even more right not to work for someone! What would the company do if someone did leave their circuit before the end of the contract?

Author:	trotskys twin [ Mon Sep 15, 2014 4:19 pm ]
Post subject:	Re: Is this legal
roythebus wrote: Urgh, spit, having to agree with TT there! No company can make anyone sign a contract binding them to work for them; everyone has a right to not work for anyone! As self-employed, they have even more right not to work for someone! What would the company do if someone did leave their circuit before the end of the contract? MMMMMMMMMMMMMM kindly explain the "urgh. spit" dear chap TT

Author:	cabbyman [ Mon Sep 15, 2014 4:27 pm ]
Post subject:	Re: Is this legal
If they have destroyed their s/emp status with the contract, HMRC may be interested to claim there share of Employer's NIC contributions and PAYE deductions!

Author:	trotskys twin [ Mon Sep 15, 2014 4:53 pm ]
Post subject:	Re: Is this legal
cabbyman wrote: If they have destroyed their s/emp status with the contract, HMRC may be interested to claim there share of Employer's NIC contributions and PAYE deductions! Possibly but they could be "worker under the direction of the company" which is a neat little maneouvre which gives the driver employment rights, holiday pay, but allows him to make his own Tax arrangements Naturally the governer gets ammered for NIC, but the Driver once again can make his own arrangements

Author:	wannabeeahack [ Mon Sep 15, 2014 5:39 pm ]
Post subject:	Re: Is this legal
cabbyman wrote: If they have destroyed their s/emp status with the contract, HMRC may be interested to claim there share of Employer's NIC contributions and PAYE deductions! Hardly Ive a contract with a county council to supply transport, it doesnt cancel my SE status

Author:	Sussex [ Tue Sep 16, 2014 9:12 am ]
Post subject:	Re: Is this legal
grandad wrote: One of the firms here are so desperate to keep drivers that they have told them that if they are on a school run they can't leave the company for the duration of the contract. I have been told that the drivers have even signed a "contract" agreeing to this. They are all self employed drivers. Can the company do this? How can that contract, if indeed it is, be enforced?

Page 1 of 1	All times are UTC [ DST ]
Powered by phpBB® Forum Software © phpBB Group http://www.phpbb.com/