Hi
I have been offered with a casual 9-5 job through a recruitment agency. The employment contract states that I'm an Independent Contractor/Subcontractor working for their client (9-5, equipment/training provided by the same client).
They said it is not a business relationship, I'm not hired as an ABN contractor. But I am not the recruitment agency's casual employee either. I don't submit invoices I submit timesheets and get paid after being approved by their client.
They will pay for my super and deduct the payroll fees from my pay. The T&Cs on the 'employment contract' are quite unfair if not unlawful: my wages can be withheld for a range of reasons such as job incompetency; they can terminate my contract at anytime but I have to provide 4 weeks of termination notice and the termination needs to be approved or my pay will be withheld; I have to compensate for their loss & damages, etc.
Q. Is this a sham contract and not enforceable? Do 'Independent Contractors/Subcontractors' only refer to those who uses their ABNs ie. there is no mid way between an 'Independent Contractor/Subcontractor' and a 'casual employee'?
Thanks in advance for all your helpful resources on this forum!
I have been offered with a casual 9-5 job through a recruitment agency. The employment contract states that I'm an Independent Contractor/Subcontractor working for their client (9-5, equipment/training provided by the same client).
They said it is not a business relationship, I'm not hired as an ABN contractor. But I am not the recruitment agency's casual employee either. I don't submit invoices I submit timesheets and get paid after being approved by their client.
They will pay for my super and deduct the payroll fees from my pay. The T&Cs on the 'employment contract' are quite unfair if not unlawful: my wages can be withheld for a range of reasons such as job incompetency; they can terminate my contract at anytime but I have to provide 4 weeks of termination notice and the termination needs to be approved or my pay will be withheld; I have to compensate for their loss & damages, etc.
Q. Is this a sham contract and not enforceable? Do 'Independent Contractors/Subcontractors' only refer to those who uses their ABNs ie. there is no mid way between an 'Independent Contractor/Subcontractor' and a 'casual employee'?
Thanks in advance for all your helpful resources on this forum!