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Question
Posted by: Anon | 2010/02/09

sub contrator - full time emloyee

HI

I believe it is standard practise in the film industry to have the people as sub contractors so that the company does jnot have to pay the tax.

What if the person works every week. gets payments ever week as well as company perks such as car, petrol and cell phone. can they still be called a sub contractor or is there a case of full time employment , just convinent so that the salary cant be garnished.

Please help define what is a sub contracter and what is a full time employee

Thanks

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Our expert says:
Expert ImageLabour lawyer

RE: SUB CONTRACTOR - FULL TIME EMPLOYEE

It is not a common practice in the most industries to appoint people as sub contractors. The practice of the receiver of revenue is that if more than 70% of the income comes from one source you are deemed to be an employee.

There is a specific definition of employees but in the Labour Relations Act and the Basic conditions of Employment Act and it appears that you are an employee.

The information provided does not constitute a diagnosis of your condition. You should consult a medical practitioner or other appropriate health care professional for a physical exmanication, diagnosis and formal advice. Health24 and the expert accept no responsibility or liability for any damage or personal harm you may suffer resulting from making use of this content.

1
Our users say:
Posted by: labour lawyer | 2010/02/26

RE: SUB CONTRACTOR - FULL TIME EMPLOYEE

It is not a common practice in the most industries to appoint people as sub contractors. The practice of the receiver of revenue is that if more than 70% of the income comes from one source you are deemed to be an employee.

There is a specific definition of employees but in the Labour Relations Act and the Basic conditions of Employment Act and it appears that you are an employee.

Reply to labour lawyer

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