Misrepresentation to engage as independent contractor

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Section 359

A person (the employer) that employs, or has at any time employed, an individual to perform particular work must not make a statement that the employer knows is false in order to persuade or influence the individual to enter into a contract for services under which the individual will perform, as an independent contractor, the same, or substantially the same, work for the employer.

What is the protection?

An employer cannot knowingly seek to persuade an employee, by making a false statement, to perform the same work which they have performed as an employee as an independent contractor.

Example

An employer must not tell an employee that they have the right to perform their job as an independent contractor and pay less tax as long as they get an ABN in order to induce the employee to perform the same work as an independent contractor, if the employer knows that statement to be false.

Are there exceptions?

There are no exceptions.

Updated time

Last updated

15 June 2018

 

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