Comparison of rights and obligations of employees and independent contractors

The guidance note provides a detailed overview of the differing rights and obligations that apply to employees and independent contractors under Australian law. It highlights key legislative requirements and practical distinctions crucial for legal practitioners and businesses navigating these work relationships. This essential resource complements related guidance on Contractors, the Employee/independent contractor distinction, and Gig workers, offering strategic insights without exhaustive procedural details.

Topics Covered

• Starting employment or engagement essentials
• Minimum conditions under National Employment Standards and other laws
• Insurance and tax obligations distinctions
• Record-keeping requirements and compliance nuances
• Discrimination, harassment, and adverse action protections
• Key considerations on ending employment or engagement

Essential Insights

• Assess the critical differences in statutory protections between employees and contractors.
• Understand how minimum wage and leave entitlements apply selectively across work types.
• Evaluate the impact of sham contracting laws and their evolving enforcement landscape.
• Explore the complex interplay of workers’ compensation and insurance coverage nuances.
• Recognise the strategic importance of record-keeping and data privacy compliance obligations.
• Consider the legal ramifications of post-termination restraints and intellectual property ownership.