The Silent Majority
Not any more
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Joined: Apr 2011
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RE: Studio66 & OnlyFans
(21-10-2018 11:17 )msgny72 Wrote: Let's say you're a plumber, a car mechanic, a carpenter, a painter and decorator etc etc. Monday to Friday you work for an employer. All your neighbours know your job because you drive to and from work in a company van. Occassionally on a saturday and sunday your neighbours pay you to work for them. On Monday morning do you go and give 30% to your employer because the van in this scenario has effectively become an advertisement as S66 seem to be claiming and because your employer has probably paid for your 'training'?
The OF set-up is hardly the same as 'doing a bit of work for a neighbour'.
If you were extensively moonlighting using my van, and my diesel, and taking work away from my business then, fucking right I'd be saying something.
How I went about it would depend on whether I wanted to keep you, or not.
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21-10-2018 11:37 |
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tony confederate
Senior Poster
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Joined: Oct 2008
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RE: Studio66 & OnlyFans
(21-10-2018 11:40 )robby Wrote: If I employ a mechanic, I can`t stop them repairing vehicles or advertising his own wares in his own time. What I can do though is to not allow him to do the same in the time I pay him for. If he brings work in for my business, I will reward him with a cut. If he brings work in for himself, i`m either going to not allow it or want a cut for myself. He is my employee using my workshop and being paid by me.
It's not about what that person does outside of work, it`s what they`re doing in the time they`re being paid for by the employer. It would be a similar situation if I was to take on a mechanic under a self employed basis. terms would be thrashed out on how much they were going to give me for using my workshop/name for their personal gain.
As a matter of employment law, what you say is incorrect.
You say "I can`t stop them repairing vehicles or advertising his own wares n his own time", but in reality you can. Contracts of employment commonly contain non-moonlighting clauses. Another approach is to include a requirement in a contract of employment that the employee requests the employer’s permission before they take a second job. Other possible clauses could be second jobs allowed, but no working for a competitor, or second jobs allowed but no self-employment.
You also say "It's not about what that person does outside of work, it`s what they`re doing in the time they`re being paid for by the employer", but this statement has no basis in law whatsoever. Many contracts of employment require the employee to work EXCLUSIVELY for the employer. A contract of employment may even specify what work an employee can take AFTER LEAVING the employment, such as not working for a competitor for a specified period of time or no relevant self-employment.
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21-10-2018 12:47 |
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