QLD Acceptable Conditions for an Independent Contractor?

[PJV]

I am currently reading over an independent contractor agreement but there are a few queries under employment law that I have.

1) I am responsible for purchasing my own laptop. However, upon termination by either party, they want me to hand over my laptop to delete their organisational information and client information, then they will give the laptop back to me.

I am not happy about that - is that normal? Can I refuse?

2) They will pay me on the 20th of each month - is this acceptable? Can I negotiate that?

3) As a counsellor, they want access to all the client's personal information at any time including my premises. Is this acceptable?

 

[Rod]

As a counsellor you may have access to private and sensitive information. With this in mind:

1) I don't know what 'normal' is in your industry. You can refuse, you can offer a guarantee all work related information has been deleted (probably not acceptable to them), or you can comply with a proviso they are responsible for damages if they delete anything other than agreed material.

2) For some industries being paid once a month is standard practice. I don't know what is standard in yours.

3) Hard to say. Is urgent access needed to prevent self-harm or criminal behaviour? I'd expect some kind of premium would be paid for this level of access (ie 1 am in morning). Or do they mean anytime in business hours, which is not unreasonable, though prior notice may be needed if you are occasionally out-of-office.

 

[PJV]

Hi Rod, thanks for your input. I have sent back my queries to the organisation and now awaiting their response.


Cheers.