Australia's #1 for Law

Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!

Homework Question - Misclassification of Employee as Independent Contractor?

Discussion in 'Australian Law Students Forum' started by Enesaenesa, 18 June 2016.

Tags:
  1. Enesaenesa

    Enesaenesa Active Member

    Joined:
    10 June 2016
    Messages:
    8
    Likes Received:
    0
    What if the parties expressly state that a person is an independent contractor or a partner when the person is an employee?

    My answer is, the employer will get independent contractor misclassification penalties?
     
  2. Tim W

    Tim W Lawyer
    LawTap Verified Lawyer

    Joined:
    28 April 2014
    Messages:
    2,040
    Likes Received:
    479
    You need to remember that the bargaining position between an employer and any would-be employee is inherently unequal.
    It is on that basis that an employers purport to offer, and workers, out of need as much as out of ignorance accept,
    sham contracting arrangements.

    Have a read of this.
    And this.
    And this.
    And this.

    Be sure and cite them correctly.
     
    Stop hovering to collapse... Click to collapse... Hover to expand... Click to expand...
Loading...

Share This Page

Loading...
gt;