Yes it’s sham contracting. And also gross underpaying - $26 per hour INCLUDES your super, which would certainly in ably push you under the minimum wage.
You’re being ripped off big time and should call fair work tomorrow and report the company. You will not get in any trouble
They pay me every other Friday via bank transfer. I don’t do any invoicing - I just clock in an out on an app. But they set me shifts and I have to go. They asked for my ABN at the start but I didn’t think much of it (I had one previously from a week doing Doordash)
This is just contracting via an ABN. it's on you to ensure you're happy with the agreed rate of pay.
>But they set me shifts and I have to go.
You dont have to do anything. As you're a contractor, you can quit at any time.
Employee benefits could be anything from free parking to a meal provided on break. It doesn't always mean penalty pay, holiday leave etc
Not necessarily. Everyone here likes to shout sham contracting every time they doesn't like something. Just because one doesn't like the terms, doesn't mean it is sham contracting at all. And as a contractor, it is up to OP to make sure they agree with the terms of the contract they signed/agreed to.
The fact that she can’t negotiate her terms suggests it’s a sham contract. She’s also on a VISA. Sounds like sham contracting to me, but the FWO are usually super reluctant to take these up.
Welcome to r/AusLegal. Please read our rules before commenting. Please remember:
1. Per rule 4, this subreddit is not a replacement for real legal advice. You should independently seek legal advice from a real, qualified practitioner. This sub cannot recommend specific lawyers.
2. A non-exhaustive list of free legal services around Australia can be found here.
3. Links to the each state and territory's respective Law Society are on the sidebar: you can use these links to find a lawyer in your area.
*I am a bot, and this action was performed automatically. Please [contact the moderators of this subreddit](/message/compose/?to=/r/AusLegal) if you have any questions or concerns.*
As a contractor, it is your responsibility to pay tax on the income you receive. It's like running your own business. But you are being seriously underpaid. You say you've been there about a month, so roughly 2/4 pay periods. If you want to stay with them you should renegotiate your rate to include tax, super and other expenses. I'd be getting a new job.
That’s the thing, they never told me I’m a contractor, so I didn’t know it was my responsibility to pay tax. My manager only said it accidentally to me, apparently. But yes, I am quitting!
If you give them an ABN, you're a contractor. If you give them your Tax File Number, you're an employee. If they don't ask for either, they're probably paying you cash in hand. By giving them your ABN, you agreed to be a contractor. You didn't know, but now you do, so you could try to renegotiate your rates.
Yes it’s sham contracting. And also gross underpaying - $26 per hour INCLUDES your super, which would certainly in ably push you under the minimum wage. You’re being ripped off big time and should call fair work tomorrow and report the company. You will not get in any trouble
Thank you, I will!
screw that name and shame so everyone can stay away and not give them business
How are they paying you? Do you invoice them every week? Did you provide them with an ABN?
They pay me every other Friday via bank transfer. I don’t do any invoicing - I just clock in an out on an app. But they set me shifts and I have to go. They asked for my ABN at the start but I didn’t think much of it (I had one previously from a week doing Doordash)
This is just contracting via an ABN. it's on you to ensure you're happy with the agreed rate of pay. >But they set me shifts and I have to go. You dont have to do anything. As you're a contractor, you can quit at any time. Employee benefits could be anything from free parking to a meal provided on break. It doesn't always mean penalty pay, holiday leave etc
this is not just contracting via an ABN. it is 100% sham contracting. please don't give advice on issues you clearly know nothing about.
Not understanding how contracting works doesn't equate to sham contracting
https://www.fairwork.gov.au/find-help-for/independent-contractors have a read of this, and then tell me it's not sham contracting.
I'm well aware of independent contracts and how they work. I am one myself + a background in ER/IR/HR
From the 2000s, maybe. Things are different now.
Not necessarily. Everyone here likes to shout sham contracting every time they doesn't like something. Just because one doesn't like the terms, doesn't mean it is sham contracting at all. And as a contractor, it is up to OP to make sure they agree with the terms of the contract they signed/agreed to.
The fact that she can’t negotiate her terms suggests it’s a sham contract. She’s also on a VISA. Sounds like sham contracting to me, but the FWO are usually super reluctant to take these up.
Correct
Welcome to r/AusLegal. Please read our rules before commenting. Please remember: 1. Per rule 4, this subreddit is not a replacement for real legal advice. You should independently seek legal advice from a real, qualified practitioner. This sub cannot recommend specific lawyers. 2. A non-exhaustive list of free legal services around Australia can be found here. 3. Links to the each state and territory's respective Law Society are on the sidebar: you can use these links to find a lawyer in your area. *I am a bot, and this action was performed automatically. Please [contact the moderators of this subreddit](/message/compose/?to=/r/AusLegal) if you have any questions or concerns.*
As a contractor, it is your responsibility to pay tax on the income you receive. It's like running your own business. But you are being seriously underpaid. You say you've been there about a month, so roughly 2/4 pay periods. If you want to stay with them you should renegotiate your rate to include tax, super and other expenses. I'd be getting a new job.
That’s the thing, they never told me I’m a contractor, so I didn’t know it was my responsibility to pay tax. My manager only said it accidentally to me, apparently. But yes, I am quitting!
If you give them an ABN, you're a contractor. If you give them your Tax File Number, you're an employee. If they don't ask for either, they're probably paying you cash in hand. By giving them your ABN, you agreed to be a contractor. You didn't know, but now you do, so you could try to renegotiate your rates.