Who is an employee? Who is an independent contractor?

The Independent Contractors Act 2006 (IC Act) and the Fair Work Act 2009 (FW Act) protect the rights and entitlements of independent contractors.

The difference between an employee and independent contractor is based on many different factors. No single factor determines whether a person is an employee or contractor. Instead, courts will look at each case and make a decision based on the totality of the relationship between the parties when determining the status of a person’s employment.

There are some common factors that may contribute to determining whether a person is an employee or independent contractor. Please download the attached Fact Sheet and check with Fair Work South Australia if you are unsure.

Contractors

Download Subcontractor Details Assessment Form