Australian Canegrower February 2021

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Is my worker an employee or aHeadline contractor? This is a fundamental question that every grower who has people working on their farm needs to answer. Similarly, anyone employed by a business should be aware of their employment status. EMPLOYEE •

Employees are individuals who work for someone else’s business.

Employees may be employed full time, part time or casually.

Employees are entitled to be paid wages and other employment benefits and entitlements such as annual leave, personal and careers leave.

INDEPENDENT CONTRACTORS •

Contractors are individuals or entities that work for themselves, in their own business, and provide services to other businesses.

Contractors are paid fees for services without any leave or wage or other entitlements.

WHO CARES? Very different obligations, including legal and financial, apply depending on whether the worker is an employee or independent contractor. EMPLOYER’S OBLIGATION TO EMPLOYEES

By Chris Cooper, CANEGROWERS Legal Advisor

Pay wages and all other entitlements under the Fair Work regime.

Pay amounts to Australian Taxation Office.

Pay superannuation entitlements.

Pay workers’ compensation premium.

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