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If you think you are an employee, but the person you work for is calling you an independent contractor, you might be in something called a ‘sham contract’.
Sometimes employers will do this to try and get out of paying tax, or other things like superannuation. If you are employed under a sham contract you might be underpaid, or be missing out on things like leave and super.
Sham contracting is unlawful. An employer cannot:
See our page on Independent contractors to learn the difference between an independent contractor and an employee, and to help you figure out which one you are.
If you need help working out if you’re an independent contractor or employee, contact us here for free legal advice.
If you think you might be in a sham contracting arrangement, talk directly with your employer first to try and resolve the issue. The Fair Work Ombudsman has a helpful guide on how to do this: How to check if you’re an employee or a contractor.
If you can’t reach an agreement, or you’re not sure how to talk to them, you can contact us for free and confidential legal advice here.
For further information and advice about sham contracts and independent contractors, including your rights, entitlements and obligations, visit the Fair Work Ombudsman website or call the Fair Work Infoline on 13 13 94 (8.00am – 5.30 pm, Monday to Friday).
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