In the business world, the lines that typically
separate employees from contractors and unpaid workers (e.g. interns)
can often find themselves getting blurred, particularly if a contractor
or intern spends an extended period in the office performing the same
duties as the standard employees. However, this blurring can end up
being detrimental to a business, potentially resulting in financial or
legal trouble. Experienced solicitor Glenn Duker,
specialist in employment law, provides an explanation that can help
employers fully understand the capacity in which a worker is attached
to the business.
Why is it important to differentiate between the two?
While you might have two people with the same
qualifications and level of experience performing the very same job, if
one is classed as an employee and the other a contractor it’s important
to make the distinction between the two as they have different legal
requirements regarding leave, super and other matters. If you take an
employee who’s mistakenly classified as a contractor, a bit further
down the track they could make a legitimate claim against you for back
pay, annual and long service leave and compulsory superannuation
payments. This could get quite costly; especially if it is not resolved
quickly and even more so if it involves more than one employee.
The Australian Taxation Office offers a helpful
tool to help you better make the distinction between employee and
contractor. I strongly recommend using this tool if you believe there
might be a grey area with anyone who works for you. If you need
assistance with any employment law matters in Victoria, do not hesitate
to make an appointment with lawyer Glenn Duker today.
For more information :- http://glenndukerleaseinfo.com.au/
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