Legal Representation for Independent Contractors
Increasingly, many employers are using other types of labour in their workplaces such as independent contractors. If you have, or are thinking of, engaging a worker as an independent contractors rather than an employee, there are certain obligations you need to consider. It is important to make sure that these types of arrangements meet the appropriate criteria for independent contracting because if they do not, an employer may find itself responsible for payment of employment entitlements that they did not expect to pay, such as superannuation or annual, long service or personal leave entitlements.
There are also specific provisions in the Fair Work Act 2009 (Cth) which prohibit an employer from engaging in sham contractor arrangements. These can expose an employer to civil penalties and must be carefully understood.
In other situations, it may be unclear what the worker’s status is. Disputes can arise when one party believes the worker is an independent contractor and the other believes they are an employee. Working out who is right can be a difficult process and there are many factors which are to be considered in determining whether the worker is a contractor or not. Whether you have engaged a worker as an employee or a contractor may have significant impact on your rights and obligations towards that employee.
Haywards Solicitors are experienced in dealing with the rights and obligations which attach to independent contractors and their contractual arrangements.
Contact us on 9283 7222 if you would like to take advice about independent contractors.