Paul Gavan (Sinn Fein) | Oireachtas source

I move amendment No. 1:

In page 5, lines 4 to 22, to delete all words from and including “an individual who—” in line 4 down to and including line 22 and substitute the following:

“regard may be had to the following:(a) the degree of autonomy and control that the person performing the work has over the tasks to be performed and how they are to be performed;

(b) the degree of supervision over the person performing the work and his or her working methods;

(c) the degree to which the person performing the work is integrated with others in a relevant workplace or undertaking;

(d) whether the person performing the work supplies his or her own tools, equipment or other capital items for the performance of the work;

(e) the extent, if any, to which the person performing the work has invested capital or other items related to the work performed;

(f) any previous contract of employment between the parties;

(g) whether the person performing the work is free during the engagement to perform work for, to, any person other than a person alleged to be a party to the bogus contract for services;

(h) the extent, if any, to which the person performing the work does perform work for, to, any person other than a person alleged to be a party to the bogus contract for services;

(i) the economic dependency of the person performing the work on the relation in question;

(j) whether the person performing the work advertises his or her availability for performance of that or other work or the provision of those or other services, to any person other than a person alleged to be a party to the bogus contract for services;

(k) whether the person performing the work has had to tender or take other similar steps to secure participation in the relation in question;

(l) whether the worker employs other persons;

(m) the extent, if any, to which the person performing the work carries a risk of financial loss in relation to that performance or provision, and the nature of that risk;

(n) the extent, if any, to which the person performing the work enjoys the opportunity of profit in relation to that performance or provision, and the nature of that opportunity;

(o) the relative strength of the bargaining positions of the parties to the relation and, if applicable, any persons acting on behalf of the parties;

(p) whether any undue influence or pressure was exerted on, or any unfair tactics were used against, a party to the relation;

(q) the extent to which any contract between the parties to the relation provides for remuneration by reference the completion of a particular task, rather than for the payment of, or in the nature of, wages based on time worked;

(r) the extent to which any contract between the parties to the relation provides total remuneration that is, or is likely to be, less than that of an employee performing similar work or providing similar services;

(s) the extent to which the contract is designed to, or would, apart from this Act, relieve the employer from paying the employee the national minimum hourly rate of pay.”.