Subcontracting out work rather than employing staff is becoming increasingly common due to the rise in additional costs of employment such as:
- Payroll tax
- Leave entitlements
- Various Insurances
- Loadings and allowances
Contractors often receive a higher rate of pay if it were broken hourly but are left to wear all of these costs themselves. In addition to this there is little to no employment rights given to a contractor after the contract period is finished.
Often this the distinction between contractor or employee is elusive and it can be difficult to ascertain what each role would be classified as at law.
Here is checklist referencing the factors which the courts consider important to define your work arrangement.
If you wish to obtain legal advice in relation to an employee or contractor arrangement, please contact Solari and Stock on (02)9540-4111.
This checklist is not intended to be comprehensive or constitute legal advice. This checklist is intended for your completion and return to us for our use in providing comprehensive legal advice to you. This checklist should not be relied upon as authoritative or exhaustive and you should seek legal advice in respect of each matter of interest relating to this checklist. Legislation relating to payroll tax and superannuation includes statutory extension to the common law meaning of employee and is not taken into account in this checklist.