Question
Submitted by DublinBusinessSchool on 10 August 2010 - 10:20am
Hello, could you please advise me whether a company can employ someone on behalf of an unincorporated association. i.e. the company enters into a contract with a consultant who will work for the unincorporated association, meaning that the company will be liable should there be any difficulties with the contract, rather than the individuals in the unincorporated association.
Many thanks for your help,
Ed
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Comments
The company can be the legal
The company can be the legal employer and can allow this person to take direction from the unincorporated association (or who ever they cHoose to appoint as manager of that person). But all legal responsibilities for ensuring compliance with empoyment law / health and safety / working time hours / holidays / sick days etc rest with the company who are the legal employers.
The company can delegate all those tasks to the line manager who may be in an unincorporated association, and that's fine. But it still rests with the company (i.e. the legal employer) to make sure that those tasks are done correctly. i.e. the company can delegate authority to do stuff, but not responsibility for doing stuff.
Regards,
Eva