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NSW Can I Remain a Contractor by Choice?

Discussion in 'Employment Law Forum' started by Kelly Mitchell, 26 September 2016.

  1. Kelly Mitchell

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    I have been working for a business in NSW as a land carer for some time. Although I am a contractor, the business owner has been paying my superannuation. I get paid on a weekly basis the hours I work each week. I am quite content with this arrangement.

    My employer has asked me to take the contractor tool which tells me if I am a contractor or an employee. The outcome was that I should be an employee. The business owner said I now have to become an employee. They thought I would be happy with this outcome but in fact I am not. I want to remain as a contractor as I like to manage my own tax and finances. They believe I have no choice but to become an employee and are forcing me to change.

    My question is, even if I am deemed by definition to be a "employee", and the business owner wants me to change to an employee, can I remain as a contractor by choice?
     
  2. Sophea

    Sophea Well-Known Member

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    You are likely deemed to be an employee because of the fact that you work for the one business for the same hours consistently each week. If you are deemed at law to be an employee you can't argue with that and say you are a contractor. As an employee you are owed certain obligations from your employer - such as with regard to withholding income tax, etc.

    Your employer is simply trying to fulfil their legal obligations toward you so they don't get in trouble, so I would respect that do as they wish if you want to continue working for them. If you want to continue working as a contractor you will have to get other clients and do I think at least 30% or more of your work for other businesses apart from your employer.
     

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