Know your rights: independent contractors V casual employee

As a performer it is important to know whether you are being engaged as an independent contractor or employee as this has serious implication for your rights at work.

独立承包人
独立承包人 are self-employed and responsible for the key elements of their work and engagement. 这些可以包括(但是) are not limited to): providing and using their own work tools, deciding on and wearing their own dress/uniform, deciding how to perform the work, being able to delegate their work to someone else, determining how much their work will cost, and being responsible for their own workplace and injury insurance. 独立承包人 should have good control over how they perform their work.

Many employment laws and regulations do not cover independent contractors. 例如, they are not covered by the Live Performance Award and are often not protected under some state workplace injury insurance schemes. There are no legislated minimum rates of pay for independent contractors.

随意的员工
随意的员工 are subject to more control by their employer than an independent contractor. 例如, an employer might provide a uniform or costume, they are responsible for all workplace tools, and to direct the employee on how and when the work is performed and make decisions about how much the employee will be paid. Employers have obligations towards casual employees under workplace instruments, like the Live Performance Award, state workplace injury insurance schemes (eg - WorkCover) and the Fair Work Act.

Minimum entitlements owed to casual employees include minimum rates of pay, penalty rates for working as a casual, restrictions on maximum hours of work, requirements for breaks and being paid for travelling for work. 随意的员工 will usually have hours of work that can change from roster to roster, unlike part-time employees who should have a regular pattern of work.

The casual penalty loading is intended to compensate casuals for not accruing personal/sick leave or annual leave.

Employers are responsible for making superannuation contributions for their employees. 在大多数情况下, organisations are also obligated to pay superannuation for independent contractors where the contractor is providing their labour.

Performers should closely read their contracts to work out whether an organisation is trying to engage them as an employee or independent contractor. Performers should be aware of contract clauses that make them responsible for “indemnifying” an organisation if the organisation suffers loss as a result of the performer’s conduct. This indemnity clause will try to make a performer financially responsible for covering any financial loss experienced by the organisation as a result of the performer executing their duties. These clauses can be very risky, especially if a performer does not have insurance.

Members can contact 新萄京娱乐 [1300 65 65 13/members@sillyredlily.com] if they have concerns or questions about their contract.