What do you do when one of your employees keeps getting sick, over & over again? Here are some basic tips about your rights and obligations.
Independent Contractor Agreements
Independent contractor arrangements can be an attractive arrangement in many working contexts but can prove to be a minefield of liability. Our lawyers can help.
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Independent Contractor Agreements - Why you need a lawyer
Helping businesses correctly identify existing working relationships
Understanding the differences between categories of workers is fundamentally important for businesses. There are many factors that contribute to the difference between an employee and an independent contractor that can be both obvious and more difficult to discern. A lawyer can provide advice relating to the work arrangement you have in place so you are aware of the limitations of an independent contractor agreement to avoid significant financial penalty.
Assisting employers in drafting an independent contractor agreement
Independent contractors are often sought by businesses to complete short-term projects rather than hiring a full or part time employee. The relationship between businesses and independent contractors must be defined in an independent contractor agreement. If you are considering hiring an independent contractor, we can help you draft an independent contractor agreement that suits the needs of your business.
Educating independent contractors on their rights
As an independent contractor, it is imperative that you understand your rights so you are legally protected in case any issues arise later down the track. The rights of independent contractors are more limited than the rights available to employees, so we can discuss your case and advise the options available to you.
Representing independent contractors in work related issues
If you are an independent contractor that has experienced work-related issues, we can help. The law relating to independent contractors can be confusing, so we can help you understand how you might navigate a work-related issue, such as being incorrectly labelled as an employee or if your contract is harsh or unfair. We can help you deal with the matter moving forward.
Frequently asked questions
- The workers can come and go, which may be inconvenient and inconsistent;
- You have less control over independent contractors;
- You may be sued for damages if an independent contractor is injured on the job; and
- There is a risk that federal and stage agencies may audit your business to ensure the workers are classified correctly, such as employees being classed an independent contractor or an independent contractor being classed as an employee.
- The degree of control over the work and how and when it is completed;
- If there is an expectation of ongoing work or not;
- The financial risk involved;
- Whether or not superannuation contributions are required;
- Considering who provides any tools or equipment;
- Any income tax deductions available;
- The method of payment given;
- If there were any leave entitlements;
- The individual’s ability to work for other companies; and
- The individual’s right to delegate or subcontract.
- Have more control over their work, including electing to hire others to help with the job;
- Agree to the number of hours required to complete the job;
- Are engaged for a certain task or amount of time;
- Understand the risk of making a profit or a loss;
- Have their own insurance;
- Use their own tools or equipment;
- Pay their own tax;
- Pay their own GST;
- Have an ABN and submit their own invoices; and
- Do not receive any paid leave.
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We will tell you the truth at all times
We will be honest with you about your prospects of success, issues that arise or the commercial viability of your matter. The first time you come to see us, we will tell you whether you even need a lawyer.
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Our job is not to judge anything you may have done. Our job is to guide your matter and actions moving forward to give you the best possible outcome for you, both legally and personally.
We will listen and understand your needs
We will hear not just what you want to achieve, but why you want to achieve it. We will tell you what you need to do to achieve the outcome you are after, legally, practically and emotionally.
We will stand by you all the way
Your matter doesn’t finish once a court order has been made. We will stay on your matter right up until all of the outstanding issues have been dealt with and the court orders are complied with.
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