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标题: 请问律师 employee or contractor [打印本页]

作者: choc 时间: 2014-3-21 21:14:34 标题: 请问律师 employee or contractor

赵律师你好，有个雇佣关系的问题，
最近想买个生意，但是这个生意一直给所雇佣的员工付现金。员工的工资按小时计算。没有签定雇佣合同。
请问如果我接手这个生意是否可以以contractor 的形式继续雇佣原有的员工并且继续pay现金。如果是contractor 的话,被雇佣方必须给我的生意开GST invoice 一以此证明双方的contracting 关系。

如果继续给被雇佣方付现金，但没有收到被雇佣方的相对应的invoice，被雇佣方就会被认定为employee?

谢了赵律师

作者: realist 时间: 2014-10-29 15:09:14

关注。。。。。。。。

作者: 灰色夜宵 时间: 2014-10-30 08:25:45

本帖最后由灰色夜宵于 2014-10-30 07:27 编辑

这个不是光是invoice就可以的是一个全面综合的考量考量的点有

Generally they are...

if they, for example...

employees

do the work themselves, rather than hiring someone else to do it for them
can be told at any time what to do on the job, or when and how to do it
are paid at a set rate (for example, hourly weekly, monthly, or per unit of production)
can get overtime pay or penal rates
work set hours, or a given number of hours a week or month
have someone else who sets the standards for the amount and quality of their sales or output
work at the premises of the person they are working for, or somewhere that person decides
do the same sort of job as other people who are treated as employees
are under an employment contract, or any law that says how their relationship with their "employer" should be run
are prevented from doing work for anyone else
have to follow the rules or procedures of the person they are working for.

self-employed

decide or control how they do the work - see the examples below
invest or risk their own money in the activity in any way - see the examples below
provide the major assets or working equipment needed for the job (not just small tools, work clothing and/or vehicle to get to and from work)
provide or pay for their own training
are responsible for getting the work done - see the examples below

Examples of self-employed work

If they...	then they, for example...
decide or control how they do the work	decide when they take their holidays decide when, where and what hours they work decide the standard or quality of work decide how much they get paid and how.
invest or risk their own money in the activity	could sell the business could support the business with their own money, for example lend it money or provide some working capital (excluding shares obtained from any employee share purchase plan) are responsible for losses or their own bad management are responsible for management and investment decisions for the business.
are responsible for getting the work done	can get other people to work with or for them, without needing to get permission from anyone else pay these people from their own funds are free to work for other people advertise their own account can't do the job (for example they are sick) they organise a replacement their contract says they'll be penalised in some way if they stopped work, or left without completing a particular project must correct unsatisfactory work in their own time and at their own expense.

这个是实质大于形式的光做形式是没有用的要看实质上以上的点是怎样完成的

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