Employment Type of Appointment-Based Worker

Posted On: Thursday, March 21, 2019

The new dentist has no set hours during the 5 days at an office (pay rate 40:60 inc. super & etc.), so he works only if there is a patient. The employer is managing the dental assistants and receptionists. He also has P.I and works no other place.

I think that he can be an employee any time. But he wants to save the superannuation payment. Is it possible for him to choose the contractor as a sole trader? Does he need to get the permission under employer?

Answer – Your client is obligated to attend the practice when there are patients – which would broadly confirm to set hours. Furthermore, he cannot delegate his work and is paid an hourly rate. He would not appear to be an independent contractor and as an individual with a greater than 50% labour component in the contract, statutory superannuation will be payable.

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