House of Representatives Committees

Appendix E – Independent contractor or employee?

Source: Australian Government, Office of the Employment Advocate, Independent contractor or employee? Referred to in paragraph 2.14

 

Question

Employee relationship indicators

Independent contractor relationship indicator

Is the individual operating under a business name, sole trader, company or partnership arrangement?

How is the work arrangement set up?

What is the practical working arrangement?

 

 

Where is the work performed?

 

 

 

Who provides the tools, equipment and resources for the job?

Who is responsible for exercising control over the manner and time in which the work is to be performed?

Does the contract require the work to be performed personally?

 

 

 

 

 

 

 

 

 

Does the job relate to a specified period or specific tasks within which the job is to be performed or is it of a continuing duration?

Who determines the working hours and leave requirements?

Is the person performing the work, in his or her activities, part of the principal’s business?

Is the work relationship continuing?

The work is undertaken to produce a given result. The contractor whilst undertaking the work is not necessarily under the direct order or control of the principal. The contractor can use their discretion on matters not specified in the contract for service.

 

Is the person performing the work free to accept work from other employers/principals and or to conduct business on their own accord?

Does the person performing the work have the right to refuse to undertake a particular job or task?

Is income tax being deducted from the individual’s remuneration?



Subject

Employee

Independent contractor

Superannuation

Taxation implications

 

Professional taxation advice should be sought for details on this issue.

Termination of the agreement

Liability for losses resulting from substandard work

The principal’s liability may be reduced where loss or damage results from the contractor’s poor performance, but this may not be always the case where the principal retains a duty of care to ensure that the work is performed properly (for example).

 

 

Remedy available to employer/principal where the work performed is substandard.

Tax invoices

Workers compensation

Other entitlements

Source: Australian Government, Office of the Employment Advocate, Independent contractor or employee? accessed 22 June 2005 , www.oea.gov.au/docs/contractorvsemployee.pdf.


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