Contractor or Employee – What You Need to Know

What is the difference between a contractor and an employee and whose responsibility is it to get right?

An employee

  • works in the business and is integral to that business
  • has rights and entitlements under the Fair Work Act 2009
  • has a reasonable expectation of ongoing work, agreed hours and duties
  • is covered by the employer’s workers compensation insurance
  • is paid superannuation guarantee.

A contractor

  • is actively running and advertising their own business
  • is responsible for their own insurance, equipment, licenses and tax
  • has a high level of independence, discretion and control as to how and when the work is performed, as well as being able to delegate
  • is liable to fix mistakes at their own cost
  • may or may not be paid super depending on the nature of the work engagement.

It is the business owner’s legal responsibility to determine the nature of the work and the correct basis of engagement – but we can help you get it right.

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Contractor or Employee

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