Teacher as member of CC

eddief1

Expert Member
Joined
Feb 26, 2008
Messages
1,418
As the title says do any of you know if a teacher can either invest in a CC or be a member of a CC ? Apparently a teacher for the Department of Education cannot hold a second job, does this count as a second job ?

ED
 

Anonymous™

Well-Known Member
Joined
Jun 15, 2008
Messages
407
As the title says do any of you know if a teacher can either invest in a CC or be a member of a CC ? Apparently a teacher for the Department of Education cannot hold a second job, does this count as a second job ?

ED
Most employment contracts bar one from partaking in side gigs because it is seen as Moonlighting.

Most of us do it anyway; "I'm a member but not active".
 

chrisc

Honorary Master
Joined
Aug 14, 2008
Messages
11,270
I don't know whether this been tested in court. If the purpose of belonging to a CC is to own a property or partake in an investment, this is not work and thus not a job

I would imagine that the rule was promulgated to prevent teachers from employing their working time in pursuits other than what they have been paid for

However, given to the way the rule of law is flouted in this country, I would not bother about it at all.
 

Billy

Expert Member
Joined
Feb 8, 2004
Messages
3,690
A member of a CC effectively "owns shares" in the business. Unless a person is actively involved in the running of the CC it is not employment.

Members of CC's do , however, have to register as a Provisional Taxpayer.
 

IzZzy

Executive Member
Joined
Feb 17, 2004
Messages
5,923
A member of a CC effectively "owns shares" in the business. Unless a person is actively involved in the running of the CC it is not employment.

Members of CC's do , however, have to register as a Provisional Taxpayer.

The difference between a CC and a private company is that in the former, all of the members have the capacity to bind the CC whereas shareholders have no such right. The distinction between ownership and running the business, as is clearly the case in a private company, is blurred in a CC.
 

pwstraton

Member
Joined
Oct 21, 2012
Messages
29
If you're a member of a CC or shareholder of a private company, there is no employer-employee relationship unless you're actually performing services for the CC or company (ie: the company is paying you for services you render to it). You can own a company/be a member of a CC and not be an employee.

There is a difference between being a member (shareholder) and an employee. Members (shareholders) own the business while employees are employed by the business. A business is a legal entity on it's own, which has it's actions controlled through members (shareholders). Ie: As a shareholder, you are a separate entity from the business.

Although bear in mind that you can't register new CC's anymore unless you're able to become a member of one created previously.
 

IzZzy

Executive Member
Joined
Feb 17, 2004
Messages
5,923
If you're a member of a CC or shareholder of a private company, there is no employer-employee relationship unless you're actually performing services for the CC or company (ie: the company is paying you for services you render to it). You can own a company/be a member of a CC and not be an employee.

There is a difference between being a member (shareholder) and an employee. Members (shareholders) own the business while employees are employed by the business. A business is a legal entity on it's own, which has it's actions controlled through members (shareholders). Ie: As a shareholder, you are a separate entity from the business.

Although bear in mind that you can't register new CC's anymore unless you're able to become a member of one created previously.

The difference being that by virtue of being a member of the CC, you are empowered to bind it. This is not the same for shareholders.
 
Top