![]() Has no financial risk (as this is the responsibility of their employer). a gardener who chooses their preferred suppliers and decides how and when to provide the landscaping services.a tailor who collects garments from clothing stores for alterations when it suits their schedule, makes alterations in the way they choose and works from their own premises. ![]() Has a high level of control over the work they perform, including their hours, work location and how they do the work. a gardener who attends sites at the times directed by their boss and is told to mow the lawns in a particular way.a shop assistant who is required to follow their manager’s instructions about how to serve customers, display clothes and when to tidy the change rooms.Work is controlled by the employer including hours, work location and how work is done. Performs work under the direction and control of their employer. (Note: the other factors below may form part of assessing the level of control over how work is performed) This means that whether someone is an employee or an independent contractor will depend on the individual circumstances.Ĭontractual indicator of rights and dutiesĪmount of control over how work is performed A person may perform the same type of work as an employee of a business but may still be an independent contractor. A person won’t automatically be an employee or a contractor because of the type of work they do.What happens after the contract has been agreed to will usually not be relevant to determining whether someone is a contractor or an employee. It will come down to what is agreed to at or before the start of the working relationship.For example, just because you have to have an ABN or issue invoices doesn’t automatically make you a contractor. There usually won’t be one deciding indicator. Not all indicators will necessarily be present in the contract. A contract can be verbal, in writing or a mix of both.The table below has some of the common indicators and general examples of rights and duties that, when considered together, can help tell the difference between an employee and a contractor. ability to delegate or subcontract work.the amount of control over how work is performed.Whether someone is an independent contractor or an employee depends on a number of indicators. The difference between independent contractors and employees Independent contractor entitlements and where to get help.The difference between independent contractors and employees.Independent contractors are also called contractors or subcontractors. Independent contractors usually negotiate their own fees and working arrangements and can work for more than one client at a time. They aren’t employed by that person or business. Independent contractors provide services to another person or business. This means it’s important to understand the difference between the two. Independent contractors and employees have different rights and obligations. Aboriginal and Torres Strait Islander peoples.Check or calculate notice or redundancy.Bullying, sexual harassment and discrimination at work.Pay during inclement or severe weather & natural disasters.Allowances, penalty rates & other payments.
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