The differences between a contractor and an employee

The terms "contractor" and “employee” can be a bit tricky to understand, but it's important for businesses of all sizes. When you're not sure if someone is really an independent contractor or employee-the penalties are severe!

There are a few reasons why a company might want to hire someone as a contractor instead of an employee. For example, the company might think that the person can get tax benefits, or they might want more flexibility in their workforce.

However, by law, it is determined by the nature of the employment relationship whether someone is an employee or contractor.

There are no exceptions to this rule.

This means that everyone has to abide by basic employment standards and entitlements, as well as statutory tax and superannuation requirements.

A breakdown of the differences between a contractor and an employee

There are some differences between contractors and employees. Here is a breakdown:

Employees:

People who work for a contract company are called employees. They work under an agreement or contract that says they will serve the employer.

Employees usually have to work in specific places and at specific times, and they usually work for only one company.

Employees are paid by the hour and their pay includes things like PAYG (Pay As You Go) taxes and other benefits.

They are also eligible for superannuation, which is a retirement savings account.

Employees have all the minimum rights required by law.

Contractor:

A contractor is someone who works for themselves under a contract.

This means that they are not employed by anyone else, but instead have a contract with one or more people or companies to do a specific job or set of jobs.

Contractors usually provide their own equipment and systems for doing the job, although this may not be the case in all situations.

They also take on more commercial risk than employees (although this also depends on the contract).

Contractors are not paid through payroll, but rather invoice for their work and receive payments directly from their clients. They have most workplace rights but different tax, insurance, and superannuation responsibilities.

An essential difference between an employee and a contractor

There is an essential difference between an employee and a contractor.

"An employee works for your company and is part of it. A contractor is their own boss and runs their own business."

How to identify if you are employing a contractor or an employee

The Australian Tax Office (ATO) has developed a tool to help you decide if someone working for you is an employee or contractor for tax and super purposes.

We recommend using this tool to help you understand if your worker is an employee or contractor for tax and super purposes.