Do you want a skilled visa to work in Australia?

In the UK are you a Contractor or an Employee?

Australia requires absolute clarity on this as it impacts on how you provide evidence for a skilled work visa.

The key differences include
1. Who has control over work?
Employers can direct and control employees work. The employee works in the business of the employer who manages their business as they wish.
A payer can specify how contracted services are to be performed. But control must be specified in the terms of the contract, otherwise the contractor is free to exercise their own discretion.
2. Who decides how the job is done?
An employee performs work according to his or her employment contract.
A contractor performs services as specified in the payer’s contract and only provides additional services by agreement.
3. Who pays how?
Payment is often based on time worked or on ‘piece rates’ or commission.
Payment is dependent on performance of the contract.
4. Who takes the commercial risks?
An employee generally bears no legal risks in respect of the work; since the employee works in the employers business, employers are usually legally responsible for the employees work.
A contractor bears legal risk for his or her work. They can make a profit or loss, and must correct at their own expense any unsatisfactory work.
5. Who does the work?
An employee performs the work personally with right to delegate but not to subcontract.
Unless otherwise specified in the contract, a contractor can subcontract or delegate the work.
6. Whose tools and equipment are used?
Employers usually provide tools and equipment unless otherwise agreed..
Generally, a contractor provides his own tools and equipment.

For more information contact the experts in migration to Australia - Montfort International plc on info@miplc.co.uk or 01483 202072