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Why hasn't anyone mentioned IR35?????

I am in the UK - it seems the company you are working for is in violation of the IR35 regulations (but I'm not entirely sure of what nuances there are given you are in another country). i.e. you are a contractor, but are being treated as a full time employee with none of the benefits of such. e.g. they 'should' be paying the government for National Insurance etc.

I have been contracting for 10+ years so know something of IR35 but have always made sure the contracts I sign are quite clear about me not being an employee etc - no long term contracts etc. So I'm not an expert here.

If they are violating IR35, which I really think they are, then you have quite a lot of power at your disposal if you can play things right. You can either get them to start respecting you (but it doesn't sound like that is the best idea because staying is a __bad idea__) or sue them or just turn them over to HMRC.

In any case, you should talk to a solicitor - get everything you can documented and well organized, then any good employment lawyer can tell you the cost/benefits of turning them over to HMRC / the authorities. Google IR35 and employment law / solicitors ... pick one that has a well designed website. Talking to them ought to be free for the first 1/2 hour (I would think) or you should be able to send an email with a good summary of the situation w/o incurring any costs.



It's very similar in the US. Calling someone a contractor is an age old tactic of shady businesses to try and skirt taxes.

OP should probably be talking to a solicitor that specializes in employment and possibly the labor department. Unpaid overtime is a huge no-no.




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