Pee's been offered some sub-contract work working at a garage and whereby he's not employed by the company and will have to pay his own national insurance. He still hasn't got a NINO as last employer preferred to pay him cash in hand as was only temporary work. The new employer has just said he can't give him any work until he has his NINO. I explained the current situation whereby he needs to provide a contract of employment first to get the wheels in motion with the Job Centre. He's saying he can't provide one if Pee's not officially employed by them.

Ive tried calling the Job Centre but they're always engaged so thought Id try you guys first...

National Insurance number - they can give you a temporary one until you get an appointment at the Job Centre plus to get one sorted.

I don't how that effects you when you are a contractor though??

Good Luck Skippy

quote:

Originally posted by Ireland:
... The new employer has just said he can't give him any work until he has his NINO. I explained the current situation whereby he needs to provide a contract of employment first to get the wheels in motion with the Job Centre. He's saying he can't provide one if Pee's not officially employed by them.

Why would they need an NI number then?

Something here doesn't quite sit right for me

Ireland, there is still a lot of ignorance amongst employers about this issue. If the employer was told that one item from List 1 or two items from List 2 would give them a Statutory Defence to any charge of employing an illegal worker ... I guess their eyes would start to glaze over ... they would wonder what you were talking about!

The fact is that merely knowing someone's NINO is never by itself a Statutory Defence to a charge of employing an illegal worker. However just one item from List 1 would give the employer that protection! What is on List 1? That list includes a passport which contains a visa which does not prohibit the person working in the UK. So Ireland your husband's Thai passport complete with its spouse visa is what the employer should be asking for sight of! They are not allowed to retain the passport but should be expected to take photocopies of the name/pic page and the spouse visa.

Ireland, because of PMs we have exchanged in the past I know you live just a couple of miles away from us, although we have never met. But if you want any assistance to sort out the employer and his misunderstanding then just send me a PM and we shall attempt to link up.

Employers employing illegal workers is going to be a very hot topic in 2006. They are going to start handing out £2000 Fixed Penalty notices to employers employing illegal workers. Employers will need to get up-to-speed on how they can get covered by the Statutory Defence set out in the legislation.

He wouldnt be officially employed by them as he would be a sub-contractor. Im really not sure how it works but it is an above board job and paying more than minimum wage, car valeting.

John, Ive sent you a PM

The employer made some enquiries himself and said Pee will get what's called a sub-contractor's agreement from them. Do you think we can use this as evidence for the Job Centre in order to get an interview?

Ireland, that very much sounds like Pee would be self-employed.

If he is indeed self-employed then he does not need to provide such an agreement to the Job Centre+, although doing so will clarify when his business started.

Ireland,

There is also another matter to consider here which I'm sure John will explain far better than I can but:

You will find that if he is only working for this one company and doing so on a regular basis, the Inland Revenue are likely object to him being classified as self-employed and require the employer to have him 'on the books'.

There are some exceptions such as construction industry workers (covered by a different scheme) and professionals but they have been clamping down on this kind of 'self-employment' for a while now. In many cases, it is simply an attempt by the employer to get away without providing the benefits afforded to 'on the books' employees - holiday pay and the like.

The local tax office should be able to help you determine if the job will be treated as "self employed" Some advice on self employment here.

I notice that an enterprising chap started a "wash your car while you shop" at our local Makro. There are about six of them now at the weekends doing a roaring trade. I am not sure if its some kind of franchise business or not.

Thanks guys, he's got an interview tomorrow so not even in the bag yet, but Im sure anything will be better than the last two jobs he's had.

Will keep you all posted.

Merry Xmas!
Karen

Tell Pee to leave his cigarette lighter at home in case he's tempted to impress them with his party piece! Good luck!!

Ha ha, which trick was that Gordie? I cant remember. Did you go to the camping weekend in Derby?

Pee's just got back from the interview - I was able to accompany him too which was good because the guy spoke so fast, I didnt even understand him at times! He said Pee's broken english was fine as they employ one guy and all he can say is "LEATHER"...

It seems the majority of boys they employ are on a sub-contract basis. They want him to train for one day next week and then take it from there. To be honest this will be much better than his last two jobs. The first was in a Thai pub (staff were lovely) but he worked such long hours for such a small wage. Last month he found a job in an Asian buffet restaurant cooking the Thai food. He was really enjoying it but I was wary of the Manager and didnt trust him, he was always asking Pee personal questions and had a filthy mouth. Last week Pee turned up at work and the Indian chef was cooking green curry. Hmmm, interesting.. The very next day they told Pee he wasnt needed any more and bundled him his wages (which BTW were short) and BINGO they were left with all his lovely recipes!!

Ireland,
It seems as long as your husband keeps working for these type of People he will be riped off all the time.
Why can't he get proper employment? as a building labourer,hotel work or hospital work there must be something in Birmingham he can do.
£5.20 min wage must be better than being riped off all the time.
Good luck.

When he first arrived I sent his CV to all the hotels and restaurants and bars, he had a couple of interviews, but nothing came of them. Trust me, Ive tried so many avenues, weekly newspaper, agencies, Tesco, Morrisons etc. It's not easy you know, and sometimes working for "these type of people" is better than staring at four walls each day, until something better comes along (which Im sure sooner or later it will !

Karen, based upon the self-employment Pee should apply for a NINO without delay. Then at least ignorant employers will at least not have that excuse.

The supermarkets? Not even any joy for a job like stacking shelves? Vacancies like that regularly come up at places like Asda in Minworth.

Applied in September to all supermarkets. Had a missed call from Morrisons at weekend when we were camping asking for an interview. We called back on the Monday and they said they'd given interview to somebody else but that they'd keep his application form on file for 6 months and that we should call every so often to enquire about vacancies (which we do). Kwik Save didnt respond and neither did Tesco. I think Aldi pay really well but have too many requirements. Cleaning jobs - a lot shy away from no NINO. He's had a couple of interviews for hotel chamber work but didnt go too well because of his english. Im always looking on the JOb Centre website and Evening Mail every Thursday. There's only so much one can do..

Karen, the new Lidl ... at junction of Kingsbury Road and Tyburn Road?

Ok, will ask Pee to apply there. Kwik Save, Erdington have recently changed over to Safeway but never heard back from them.

Merry Xmas to you and Nat !

And to you Karen and Pee ... and hope Pee finds a job he likes in the near future.

Pee's first Christmas in the UK .... such a lot to look forward to .. Queen's Speech at 3pm on Christmas Day, for example. Or Villa v Everton at 5.15pm on Boxing Day? It is unfortunately not often these days that Villa play a team below them in the table, so you never know, they might just win?

quote:

Originally posted by Ireland:
Ha ha, which trick was that Gordie? I cant remember. Did you go to the camping weekend in Derby?

Yes, we were there, I have (admittedly very vague!) memories of him performing various fire-related feats of endurance!

Actually, I have an Aussie mate in Bangkok who is a lot scarier. He has a habit of setting fire to his body hair in darkened bars. Quite spectacular, though I've never been sure how he explains things to the missus when he gets home!

Enjoy the holidays and good luck to Pee for next week.