What is an independent contractor role?

Independent contractors are responsible for completing a particular assignment by a stipulated deadline. Freelancers can be classified as independent contractors in instances where their clients cannot dictate how work is performed.

Do independent contractors have contracts?

For most types of projects you hire an independent contractor (IC) to do, the law does not require you to put anything in writing. You can meet with the IC, agree on the terms of your arrangement, and have an oral contract or agreement that is legally binding.

What is the difference between an independent contractor and a contractor?

An “independent contractor” is an entity with whom a principal/owner directly contracts to perform a certain task or tasks. A “general contractor” is an entity with whom the principal/owner directly contracts to perform certain jobs.

How are independent contractors controlled by their employer?

Can delegate or subcontract the services to be performed to another person or business. Performs work under the direction and control of their employer on an ongoing basis. Work is controlled by the employer including hours, work location and how work is done.

What do I need to know about independent contractors in Australia?

If you need support to resolve a dispute, contact the Australian Small Business and Family Enterprise Ombudsman (ASBFEO) who can assist on issues such as recovering unpaid invoices. Independent contractors have different obligations and rights to employees because they are running their own business.

Can you set working hours for independent contractors?

Yes, but if the work could be performed off-site, requiring someone to work in your facility could indicate an employer relationship. Generally, independent contractors control how and where they do their work. Can I set working hours for independent contractors?

How does the Fair Work Act protect independent contractors?

Independent contracting laws The Fair Work Act 2009 protects independent contractors from adverse action, coercion and abuses of freedom of association. See Protections at work for more information.