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Wednesday, 18 July 2012

An End to Slavery: Part Two

The Employment Law (Jersey) 2003 is a particularly nasty and restrictive piece of legislation which has done more for unemployment than any other piece of legislation enacted by the States of Jersey.

It has also served the services of taxation to a greater extent than any other piece of legislation which is on the books, and is one of the first which should be repealed come the Revolution for Liberty.

1A      “Employer” and “employee”
(1)    In this Law –
(a)     “employer” means a person who employs another person; and
(b)     “employee” means a person who is employed by an employer.
(2)    For the purposes of paragraph (1), a person is employed by another person if the first person works for the second person under a contract of service or apprenticeship with the second person.
(3)    For the purposes of paragraph (1), a person is also employed by another person if the first person enters into any other contract with the second person under which –
(a)     the first person undertakes to do, or to perform personally, work or services for the second person; and
(b)     the status of the second person is not that of a client or customer of any profession or trade or business undertaking that is carried on by the first person.
(4)    It is immaterial whether a contract to which paragraph (2) or paragraph (3) refers is express or implied.
(5)    If the contract is express, it is immaterial whether it is oral or in writing.


So that only gives a very narrow scope for any contractual obligation between two people which is not covered by the law, but there is a clause that of "a client or customer of any profession or trade or business undertaking that is carried on by the first person".


The question then becomes what sort of agreement can you reach with another ostensibly free person that does not allow the Government to get its claws into you. An understanding through which two free individuals can work for their mutual improvement.


By potentially removing someone from the scope of income tax, social security and the employment law a person can fundamentally and greatly enhance the life of those who can see the illusion of a 'safety net' for what it really is, a monkey cage.


NOTICE OF UNDERSTANDING AND INTENT
BETWEEN
FIRST PERSON  
AND
SECOND PERSON  

I, FIRST PERSON (hereinafter referred to as ‘First Person’) hereby give notice that is my intention to support SECOND PERSON (hereinafter referred to as ‘Second Person’) to establish herself as a free individual who is capable of surviving on the profits of her own labours without the need for support from the State or to lease herself into slavery through a contract of service or any other form of employment.

Our status remains that of free and equal individuals and our association is solely on a voluntary basis nothing in this document shall be construed as being legally binding and nothing in this document shall be construed as forming a contract. That any binding be purely based upon mutual trust and respect for each other’s rights and dignity as human beings.

That until such time as she is in a position to support herself on the profits of her labours she is free to seek my support, either financially or with advice whenever she so wishes, that in no way shall I seek to place any obligation upon her other than when her status shall be that of a client or customer of any profession or trade or business undertaking that is carried on by First Person.

That she shall enjoy unrestricted use of any facilities, items of stock, equipment or tools she requires on that basis.

That Second Person may with the consent of First Person extend the use of these items to any person she wishes on any basis she wishes. These persons shall include any person she may wish to contract with under any form of contract she may wish to enter into.

Nothing in this notice shall prevent the payment of sums of money to Second Person from time to time to support her in establishing herself as a free individual. These sums shall not be construed in any way as income. These sums shall be charitable donations which are simply designed to allow her to maintain her standard of living. Any payment may also be a combination of the profits of her own labours where she uses the facilities of First Person to collect payments and a charitable contribution.

That it is my intention that Second Person shall at some point no longer require my assistance and that at that time she may freely leave taking all skills and knowledge with her without any obligation whatsoever.

That I may similarly make any change whatsoever to the nature of our relationship, other than entering into a contract other than when her status shall be that of a client or customer of any profession or trade or business undertaking that is carried on by First Person.