Home > Career Tips > Articles > Pros and Cons of Temping: Legal Issues

Pros and Cons of Temping: Legal Issues

262 views

Temporary job as a job search strategy?

© akeeris - freedigitalphotos.com

Searching for a permanent position usually takes time. If you are having difficulties for finding a permanent job or just need to earn your living, consider temping and freelancing as a proactive strategy to land the job of your dreams.


Temporary jobs and freelancing can at best lead you to a full-time job and add valuable experience to your CV. Even though these ways to work become much more common in our ever-changing economy, they hide some legal pitfalls you need to know about.


Freelancing: The Future of Employment?

Freelancing is rapidly becoming the way to work both in the States and the UK, as many are lured by the control they can gain over their lives, deciding when and where to work and more importantly perhaps, when to take time off. The statistics show that freelancing in the UK has increased by some 12% in the past four years.


If the trend towards freelancing seems unexplainable, then the fact that more and more people are choosing or being forced to work part time in temping and trainee posts, adds further weight to the argument that flexible working represents the future of employment.


Freelancers' Rights

Freelancers, temps and trainees are on the fringes of traditional employment law, and as such many who work in these ways are unclear on their employment law rights. This is a crucial knowledge gap as often your employment rights are all that stands between a worker and exploitation.


Freelancers work for themselves, and are therefore not entitled to most employment law rights. This means that freelancers cannot claim a minimum wage, cannot be paid for days off sick or for holiday, and will have no protection from dismissal if the client decides they no longer wish to work with them.


Freelancers are still entitled not to be discriminated against at work, but only if they are working under contract personally (they cannot send someone else to do the work). Freelancers are entitled to work in a safe and healthy environment, and may in some limited circumstances be entitled to claim statutory maternity pay.


Temporary Workers' Rights

Agency workers are also entitled to employment rights. These include the right to paid holiday, the right to rest breaks and days off and the right to earn the National Minimum Wage. In these respects temporary workers are like employees.


Temporary workers are also entitled not to be discriminated against at work, and may have a legal case against an employer if they can show discrimination on the basis of their age, gender, sexual orientation, disability status, race or pregnancy status.


Temporary workers have the right to work in a healthy and safe environment as well. Following recent legal changes, temporary workers must enjoy the same facilities as employees, including a shared canteen, crèche or car parking where these facilities are available.


Temporary workers may also be able to claim statutory maternity, paternity and adoption pay, statutory sick pay, and after 12 weeks in the same job - the same employment conditions as full time workers recruited directly by their employer. Where temporary worker rights differ are that they cannot claim unfair dismissal (unless for discrimination) and they never acquire the right to claim redundancy pay.


Whether you're a freelancer, temp worker or trainee, you can get employment law information from FAQs by clicking the logo below:


Employment Information

17/03/2015

0 I like it

I like it

What do you think about it? Share it with us!

0 comments

Comment on

These articles may interest you

Jobs in the UK

There are many interesting job opportunities in the UK. Popular industries include finance and technology.

30/03/2023

2

0

12 Tricks to stay motivated at work

Tired of Working? No Motivation In Your Job Search? 12 Jobijoba Tips to stay motivated.

23/12/2016

0

0

10 reasons to move to Belgium

Moving to Belgium is a popular choice for many European expats. Why do they choose this destination?

17/03/2015

1

0

Tips for finding employment in France

Looking for a job in France? Want to work "à la française"? Here are some tips on how you could do it.

17/03/2015

1

0

Set up an auto-reply when you are away

Should you be connected 24/7 to check for your mails when on vacation? There are some better solutions that exist.

17/03/2015

1

0

3 Tips For Building Your Personal Brand

Personal brand can help you differentiate yourself from competition. Discover your strengths and build your personal brand in 3 easy steps.

17/03/2015

1

0

Join us on

3 shares