NSW Is Contractor Now Considered an Employee?

[nnoemmi]

Hello,

I want to hire an independent salesperson. I want to pay him commission but he is asking me for a fixed monthly amount, too. Would that be considered an employee under employment law?

In the future, I would like to divert our free toll phone to his mobile phone. Of course he would be free to answer or not and manage his work time. Would that also be considered an employee?

Thanks a lot for your help,

 

[Rod]

Need more detail.

Is he also working for others? Does he set his own hours? Does he control his own work?

The second question does go more towards him being an independent contractor.

 

[Tim W]

You can pay an employee on a "commission only" basis.
You can also appoint an agent, or a distributor,
who are genuinely independent of you.

But what you're doing is sham contracting - pretending he's "independent",
so that you can evade your responsibilities as her/ his employer.
And that's not lawful.