Home – New Forums Money matters Sole trader exploitation legislation

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  • #990553
    TomD
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    Hi everyone,

    I’m new to the small business way of life in Australia, I have worked self-employed in the UK for numerous years but currently learning the Australian legislation and tax laws as I’m looking at leaving my full time employed position and becoming self-employed again.
    My question though is about my girlfriend, as I’m still learning the ropes with legislation here I’m seeking advice. She is a sole trader working on an hourly rate, pays her own tax, insurance, super etc. and as far as I’m aware, she is being exploited by the company she currently works for, as she has been a contractor with them for 7 years. She, in my opinion should be classed as an employee but the company won’t acknowledge her as one and will not offer her a staff position, which is what she wants.
    Does anyone have any links to literature I can read relating to this and what rights she has and any claims she can make? From my understanding she cannot work for the same employer for more than 80% of her time per year?

    Thanks in advance,
    TD

    #1177497
    PRO
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    TomD, post: 206703 wrote:
    Hi everyone,

    I’m new to the small business way of life in Australia, I have worked self-employed in the UK for numerous years but currently learning the Australian legislation and tax laws as I’m looking at leaving my full time employed position and becoming self-employed again.
    My question though is about my girlfriend, as I’m still learning the ropes with legislation here I’m seeking advice. She is a sole trader working on an hourly rate, pays her own tax, insurance, super etc. and as far as I’m aware, she is being exploited by the company she currently works for, as she has been a contractor with them for 7 years. She, in my opinion should be classed as an employee but the company won’t acknowledge her as one and will not offer her a staff position, which is what she wants.
    Does anyone have any links to literature I can read relating to this and what rights she has and any claims she can make? From my understanding she cannot work for the same employer for more than 80% of her time per year?

    Thanks in advance,
    TD

    Hi

    Welcome. I a married to a Cornish girl and spent lots of time in the UK pre kids

    The things you want to search are

    Personal Services Income
    Sham Contracting

    look up those on the ATO website and you should be able to find criteria to help

    #1177498
    TomD
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    Hi Darryl,

    Thanks for the information and feedback.
    Ill have a look through the information available on the ATO website.

    Thanks,
    TD

    #1177499
    Anonymous
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    Hi Tom,

    Thanks for joining the forum today :)

    Please feel free to ask any additional questions that come up for you as you plot your new venture, and in the meantime, I hope Darryl’s input is helpful for your girlfriend’s situation.

    Welcome to Flying Solo,
    Jayne

    #1177500
    ShellysBookkeeping
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    • Total posts: 89
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    Look up the fair work australia website and also the ATO guidelines on who is a contractor. There are some checklists available that should make it clearer about her rights.
    Shelly

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