• @DaveMA
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    31 year ago

    Can someone explain why a supermarket can’t just decide all new employees are contractors and then not give them sick leave of annual leave?

    • @deadbeef79000
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      1 year ago

      Essentially, the law defines the nature of that kind of work “employment”. I.e. you have a rostered shift, provided a uniform, prescriptive work duties, staff-discount benefits. Generally long term.

      Contrast to a specialist on a building site: provided their own tools, task/goal and deadline, but more or less autonomous (i.e. install the electrical wiring by Tuesday). Generally short or fixed term.

      There are a lot of “traits” that the law indicates are employee or contractor traits for a contract.

      Anecdotally, in my personal experience, the software industry is rife with abuse of this. Plenty of contractors bulking up a small team of employees for years.

      • @DaveMA
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        21 year ago

        Sorry, I meant after this change. As I understand it, you can just write in the contract they are a contractor and now they are and they can’t challenge it. No sick leave, no annual leave, you want a job? Take it or leave it.

        • @deadbeef79000
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          31 year ago

          Oh! Right.

          Yeah that’s exactly what would happen.

          Right now the law can “look through” a contractor’s contact and say " hang on this is actually an employee contact".

          After this legislation… nope, whatever shitty contact the “employer” has foisted takes primacy