Employee Legal Awareness Day

Are you aware of the legal difference between an employee and a contractor?
An employee is part of your business, a contractor runs their own business. Who is in control of the work being performed?
There are a number of factors to consider when deciding if the workers is an employee or a contractor. And the agreement between you isn’t one of them!
The ATO and fairwork websites can help you to decide.
If the worker is in your workplace 9-5 Monday to Friday, using your equipment/tools and email, wearing your uniform – they are probably an employee.
If the worker performs their duties in their office, is paid per project, delegates work to others, has to rectify any issues at their cost and works the hours they set to complete the task – they may be a contractor.

Use these links to be aware of the legal differences between an employee and a contractor:
https://www.ato.gov.au/business/employee-or-contractor/difference-between-employees-and-contractors/

https://www.fairwork.gov.au/how-we-will-help/templates-and-guides/fact-sheets/rights-and-obligations/independent-contractors-and-employees

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