Independent Contractors vs Employees
Many electrical contractors employ staff and engage independent contractors to perform similar roles. This can be an effective way of bringing on skilled additional workers for specific periods, or for short-medium term projects involving a higher workload than typical. However, it is important to ensure that there is clear distinction between these types of engagement.
Factors to consider
- What is said on the engagement documents;
- Control over how, when and in what manner work is performed;
- Wearing of uniform;
- Supply of tools and equipment;
- Integration within business;
- Expectations regarding attendance at workplace;
- Whose business is being served – worker's own or the alleged employer’s business; and
- Work for other clients.
Takeaway for members
The above factors are to be considered as part of the overall big picture, when assessing whether or not someone is in fact an employee. This means that no individual factor is conclusive, and the overall relationship and dynamic surrounding the performance of work must be considered.
Disclaimer: This summary is a guide only and is not legal advice. For more information, call ECA Legal on 6241 6129 or email ecalegal@ecawa.org.au
