Hi, Whether the IRD will consider the sub_contractor as an employee or not depends on the arrangment you have with him/her.
For example, if the subbie provides their own equipment & workspace, they decide what hours they work etc, then they will be considered to be a contractor. However if you do things like providing them with equipment, stipulate what hours they work etc, then they will be considered to be your employee. Cheers Hamilton -----Original Message----- From: [email protected] [mailto:[email protected]] On Behalf Of Jochen Daum Sent: Thursday, 16 April 2009 12:19 p.m. To: [email protected] Subject: [phpug] Re: Full time employee to fixed contractor Hi, NOT LEGAL ADVICE If you sign up under the pretense of still being an employee, it is probably likely that you will be able to still claim personal grievance and all the other employee stuff, even if you sign this. Likely IRD will also be able to collect PAYE from him. Paperwork means nothing when the reality is something completely different. For the same reason I have been advised to not sign sub contractor agreements with sole traders, because the likelyhood of them or IRD claiming they are employees is much higher. Its hard to say though what to do. If you raise the problem, its probably not going end in your favour. Possibly good to seek advice from Labour department website? HTH, Jochen On Thu, Apr 16, 2009 at 12:11 PM, [email protected] <[email protected]> wrote: > > Hi all, > > My employer proposes me change to change my position from full time > employee to fixed contractor. He says > >> While nothing will change in terms of the relationships we have, it's simply a change in terminology and the way you earn money. > > Meaning nothing will change except they won't take away PAYE but I > have to register for GST and file for GST every 2 months. > > In summary, I can take home more money since I don't have to pay PAYE, > but I have to hire an accountant to do my financial stuff or do it > myself. > > What do you think? > > > __________ Information from ESET NOD32 Antivirus, version of virus signature database 4011 (20090415) __________ The message was checked by ESET NOD32 Antivirus. http://www.eset.com __________ Information from ESET NOD32 Antivirus, version of virus signature database 4011 (20090415) __________ The message was checked by ESET NOD32 Antivirus. http://www.eset.com __________ Information from ESET NOD32 Antivirus, version of virus signature database 4011 (20090415) __________ The message was checked by ESET NOD32 Antivirus. http://www.eset.com --~--~---------~--~----~------------~-------~--~----~ NZ PHP Users Group: http://groups.google.com/group/nzphpug To post, send email to [email protected] To unsubscribe, send email to [email protected] -~----------~----~----~----~------~----~------~--~---
