What to do if you engage contractors

If you engage contractors, it is essential to get the facts of the relationship right.

Business owners need to take a proactive approach to reviewing arrangements to ensure that the business is not exposed to material liabilities. Key factors include:

• Whether the work involves a particular profession or skill set.
• The level of control the contractor has over how the contract is executed.
• The ability of the contractor to delegate work to another person.
• Whether the contractor supplies his own tools or equipment.
• Whether the contractor has his own place of business.
• The contractor’s ability to generate goodwill or saleable assets during the course of the contract.
• How the contractor is paid (for hours worked or a result).
• The level of risk the contractor bears.
• Whether the contractor is independent or in reality, simply ‘part and parcel’ of the organisation they contract to.

No single factor is determinative; it is the weight of evidence, on balance, across all of the factors.

Further reading

https://www.mitchell.com.au/2019/01/23/misclassifying-a…r-as-an-employee/