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Did you know that treating your contractors as employees could cause serious legal issues?
Treating contractors in certain ways means they could be classified as employees. As a result, you could be liable to pay them employee benefits like superannuation. It’s important to get this distinction right and avoid being liable.
Advice from an expert lawyer on whether you're treating your employees and contractors in the proper legal ways
Phone consultations with your lawyer
Not knowing the difference between an employee or a contractor, or treating your contractors as though they are employees, could have huge consequences for your business.
The Fair Work Ombudsman is increasingly cracking down on “sham contracting”, which occurs when a business wrongly classifies its employees as contractors. This means the business could be liable to pay their workers the proper minimum wages, superannuation contributions and penalty rates that they’re entitled to. If you fall foul of these laws, you could face significant penalties.
This is a complex area, so it’s best to get a good lawyer’s advice on whether you’re treating your contractors and your employees in the appropriate manner.
There are a number of factors that affect someone’s classification as either an employee or a contractor. These include: the degree of control exercised by the employer over the hours worked and how the work is to be performed, the expectation of ongoing work, whether you provide tools/equipment, the method of payment and leave entitlement.
This is often not a straightforward area to navigate, so we’d advise you have a lawyer look at your particular circumstances to ensure you’re meeting your obligations.
As part of this package, our expert lawyers will examine your situation and provide you with advice as to whether you’re treating your employees and contractors appropriately under the law. They’ll also be able to give you tips on how to get this distinction right and what to do if you’re worried you’re not compliant.
As an online law firm, we eliminate the headaches of paying us by the hour and finding time to meet with a lawyer in person. We communicate via phone, email and cloud conferencing — whichever suits you! We know you’re busy, so we’re only a click away.
You’ll be guided through this process by our expert lawyers, who are Australian-qualified and were trained at leading law firms. They left the traditional corporate law sphere to help us make legal services better. Our lawyers specialise in technology, intellectual property, contract drafting, corporate and commercial law.
We’re an award-winning, totally online law firm. Forget the hassle of meeting a lawyer face-to-face. Our top-trained lawyers are ready to help wherever you are in Australia.
Our lawyers were recruited from Australia's top firms and use our custom-built technology to provide a better and more affordable legal service.
Commercial Contracts Lawyer
Corporate Specialist Lawyer
Intellectual Property Lawyer
1 / Get a free quote
Our legally trained consultants will prepare a fixed-fee quote for you.
2 / Accept online
Accept your fixed-fee quote and e-sign our engagement letter.
3 / Speak with a lawyer
Our expert lawyers will talk you through your project via phone, video call or whatever suits!
Receive your completed project, usually within 5 - 10 working days.
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“I had a fantastic experience with Sprintlaw - it was easy, cost-effective and their lawyers provided very high quality advice. I could tell they really cared about my business.”
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