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Self-employed holidays and treaty rights

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

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clearnewblueuk
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Self-employed holidays and treaty rights

Post by clearnewblueuk » Wed Feb 17, 2016 4:27 pm

I understand this is a question that can possibly require deeper caselaw knowledge and is not very easy but I need help with this.
Say self-employed person takes sort of holiday INSIDE UK not doing any work, still has advertisements online, but not actively seeking new work. This time can count towards exercising treaty rights and not cause a break, is that correct? How many and how long such holidays can self-employed person have for this to not break treaty rights continuity?
As we know people who fall under a worker category have a right for a certain amount of days of leave per year (28 days, not exactly sure) or paid leave and they're considered workers and exercising treaty rights during that time while they're not working.

Thank you for your time.

noajthan
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Joined: Sat Oct 25, 2014 12:31 pm
Location: UK

Re: Self-employed holidays and treaty rights

Post by noajthan » Wed Feb 17, 2016 4:45 pm

clearnewblueuk wrote:I understand this is a question that can possibly require deeper caselaw knowledge and is not very easy but I need help with this.
Say self-employed person takes sort of holiday INSIDE UK not doing any work, still has advertisements online, but not actively seeking new work. This time can count towards exercising treaty rights and not cause a break, is that correct? How many and how long such holidays can self-employed person have for this to not break treaty rights continuity?
As we know people who fall under a worker category have a right for a certain amount of days of leave per year (28 days, not exactly sure) or paid leave and they're considered workers and exercising treaty rights during that time while they're not working.

Thank you for your time.
Start here:
https://www.gov.uk/government/uploads/s ... _clean.pdf
- ref page 18+

Your work has to be genuine & effective. not marginal & supplementary.
You will need unimpeachable documentary supporting evidence of your status & of exercising treaty rights.

There are no specific rules about holiday leave as such.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

clearnewblueuk
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Posts: 24
Joined: Tue Jul 07, 2015 1:53 pm

Re: Self-employed holidays and treaty rights

Post by clearnewblueuk » Fri Feb 19, 2016 12:34 am

noajthan wrote:There are no specific rules about holiday leave as such.
What does this mean for the situation I'm asking about?

noajthan
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Posts: 14911
Joined: Sat Oct 25, 2014 12:31 pm
Location: UK

Re: Self-employed holidays and treaty rights

Post by noajthan » Fri Feb 19, 2016 12:38 am

clearnewblueuk wrote:
noajthan wrote:There are no specific rules about holiday leave as such.
What does this mean for the situation I'm asking about?
It means if you can prove your work is genuine & effective you are allowed to take a holiday once in a while.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

Obie
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Location: UK/Ireland
Ireland

Re: Self-employed holidays and treaty rights

Post by Obie » Fri Feb 19, 2016 10:57 am

The caselaw for worker is usually ready consistently with that of a self employed person, save for few exemptions.

Provided your holiday was consistent with the period of annual leave provided for in national law for workers in an analogous position as yourself, then you will be fine.
Smooth seas do not make skilful sailors

mosakhan

Re: Self-employed holidays and treaty rights

Post by mosakhan » Mon Feb 29, 2016 1:07 am

Obie you mean 6 week right ??

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