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As far as I know, after working for more than 180 days in a tax year they become an employee.
by daurnimator 7y ago
As far as I know, after working for more than 180 days in a tax year they become an employee.
- nmfisher 7y agoSounds like you're referring to the "employee" versus "contractor" question, which is a whole other distinction. I'm talking about "full-time employee for a fixed-term" versus "full-time employee on an ongoing permanent basis". In both cases, they're employees, not 'contractors' (so you withhold PAYG, pay their superannuation, etc). But in the first case, you don't have an obligation to continue employing them after (say) 12 months. The second, you are obliged to do so, so you can't turn around and say "we just don't want to employ you any more" after 12 months. You need to follow the redundancy provisions or terminate them for cause. The problem is that it's not explicit whether businesses can actually offer the first type of contract (or more specifically, that if I employ someone on an 18-month, it's not explicit that they can't claim a redundancy payout when those 18 months end).