How Would You Respond? (Job Related)

sagrules on 03/07/2018 - 20:22

Hi All,

Looking for advice for a relative. He has been self employed/sole trader working as sub-contractor to a private company for almost 20 years. He would like to try out a new job as a permanent employee elsewhere and received a contract for this new role. However, he is concerned he might not like it or it wont work out long term and potentially come back to his previous employer etc. He is over 60yo+ and is not yet ready to retire. He doesnt know what to say to his current employer for the length of time off before he makes his decision (e.g. 2-3months).

As a sole trader he has not received any leave entitlements or super and from my opinion is significantly underpaid. The new role is more stable with less early morning shifts and 40 hr work week.

So my question is what would you say to the previous employer to hold his position?

Education & Work

Comments

holdenmg on 03/07/2018 - 20:36

+3

I'll be back…
(Schwarzenegger)
pegaxs on 03/07/2018 - 20:39

+2

Hold his job for 2 ~ 3 months? Not much, I would imagine, other than just being upfront about it. Just say he wants 3 months off…

If I had worked for the same employer for 20 years and they underpaid me, gave me more than 40hrs a week with shitty start times and I didn’t receive any leave or super entitlements, I know what I would be saying to them…
- sagrules on 03/07/2018 - 21:13
  
  Yes I know, I have tried to tell him this, but he is set in his ways. Also, afraid of change.
kipps on 03/07/2018 - 21:30

+1

Are you sure that he doesn’t have an entitlement to superannuation at law? Just calling him a contractor isn’t enough if it’s effectively a full time job. He might have a massive sum owed to him.
- sagrules on 03/07/2018 - 21:50
  
  I am wondering the same thing. How would I be able to find that out for him? His English is not that great.
  - yippy on 03/07/2018 - 22:14
    
    Sole traders pay their own super. Mate went through the same thing when he used to sub doing kitchen fit outs. He pays his own wage and super also negotiates his own rate for the contracts.
    - kipps on 03/07/2018 - 22:25
      
      It’s false to state this as outright fact. It’s not always the case. https://www.ato.gov.au/Business/Employee-or-contractor/Myths…
    - hassy150305 on 03/07/2018 - 23:36
      
      +1
      
      Individual contractors that are contracted primarily for their labour may be considered employees for super guarantee purposes.
      
      https://www.ato.gov.au/Business/Super-for-employers/Working-…
    - sagrules on 04/07/2018 - 09:49
      
      @hassy150305: Thanks for the link, if I read this correctly he seems to fall into example 2, which is an employee. Do you know how to confirm this and go about obtaining the underpaid super for him if he's eligible?
    - hassy150305 on 04/07/2018 - 12:29
      
      @sagrules:
      
      The ATO have a process for the recovery of unpaid super. This can be found here:
      https://www.ato.gov.au/Individuals/Super/In-detail/Growing/U…
      
      You can go straight to step 5.
      
      Substantiation is key for investigations with the ATO. He will need to ensure that he has relevant documentation showing the period of work.
      This can include:
      - Contracts for labour
      - Timesheets
      - Bank statements showing regular payments entering the bank account
      - Even emails and texts where both parties can be clearly identified
    - sagrules on 04/07/2018 - 13:53
      
      @hassy150305: Thanks for the link
      At the point where you try report the employer the link is broken
      
      https://www.ato.gov.au/calculators-and-tools/report-unpaid-s…
    - hassy150305 on 04/07/2018 - 23:15
      
      @sagrules:
      ATO must be having errors at the moment. If you give them a call, they will be able to direct you or start a case. Remember to request a reference/receipt number for the call and record the name of the ATO officer you spoke to as this helps keep them accountable.
garetz on 03/07/2018 - 21:35

+1

He is a sole trader, he is his own employer, just because he has a contract with someone doesnt make them his employer, he doesnt have to say anything at all. There is no way to hold a position that doesnt exist in the first place.
- sagrules on 03/07/2018 - 21:52
  
  Yes, I agree with you here, however, as the work was ongoing and has been for a decent length of time he is scared to try something new and unsure if he will like the new role. His age being a factor for finding further employment if this opportunity doesnt work out.
  And yes the term 'employer' is used loosely.
hassy150305 on 04/07/2018 - 12:37

Regarding the original questions, I think communication is key.

I would approach the current employer and explain the situation. The current employer may not know your relatives current concerns, and assume the current relationship is mutually beneficial. They may be in a position to provide your relative with the security he requires if they know that is what he is seeking.

It will mostly be negotiations from there. If the employer does not show any interest, I would not want to work for them.

However, I understand the fear of being left with no work, especially given your relatives age.

Best of luck to him!

How Would You Respond? (Job Related)

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