Employee vs Contractor: What's the Difference?

30th Jan, 2025
4 MIN
Hiring new talent is exciting, but getting the employment arrangement right can be important. Whether you're bringing on a new team member or working with a freelancer, understanding the difference between an employee and a contractor is key. This blog breaks down the key differences, provides a handy checklist, and helps you make the right decision for your business.

What is an Employee?

An employee is someone who works for your business under a contract of employment. They're part of your team, and you have a lot of control over how they work.

Typical characteristics of an employment relationship:

• Ongoing work: Employees typically have a set schedule and work for you on an ongoing basis.
• Set hours:
You usually set the hours that your employees work.
Receiving instructions and training: You provide your employees with instructions and training to help them do their job well.
Working under your direction: You have the right to direct and control how your employees work.

Think of an employee as a member of your team, working directly for you and under your guidance.

What is a Contractor?

A contractor is someone who provides services to your business but isn't employed by you. They're independent, running their own show. They're not employees, and you don't have the same level of control over how they work.

Typical characteristics of a contractor relationship:

Project-based work: Contractors typically work on specific projects or tasks for your business.
Setting own hours: Contractors usually set their own hours and work independently.
Using their own tools: Contractors typically provide their own equipment and resources.
Working independently: Contractors are responsible for managing their own work and meeting deadlines.

Think of a contractor as a specialist who brings their skills and expertise to your project, working independently and managing their own workload.

Key Differences to Consider

So, you've got a grasp of the basics. But how do you know if someone should be an employee or a contractor? Here are some key differences to keep in mind:

Employee

Contractor

Control and direction
You have a lot of control over how your employees work. You set their hours, provide them with instructions, and can direct their work.
You have less control over how contractors work. They usually set their own hours, manage their own work, and are responsible for meeting deadlines.
Equipment and tools
You typically provide your employees with the equipment and tools they need to do their job.
Contractors usually provide their own equipment and tools.
Payment
Employees receive a regular salary or wage. You're responsible for paying their superannuation and other entitlements.
Contractors are paid for their services via invoices.
Leave entitlements
Employees are entitled to annual leave, sick leave, and other leave entitlements.
Contractors are not entitled to leave entitlements.
These are just some of the key differences between employees and contractors. It's important to consider all of these factors when deciding whether to hire someone as an employee or a contractor.

Which is Right for Your Business?

You've got the checklist, you've got the differences, but how do you decide what's best for your business? There's no one-size-fits-all answer, but here are some factors to consider:

Type of work:

• Ongoing tasks: If you need someone to handle regular, ongoing tasks, an employee might be a better fit.
• Specific projects:
If you need someone to complete a specific project or task, a contractor might be a good option.

Length of engagement:

Long-term: If you need someone for a long-term role, an employee might be a better fit.
Short-term: If you need someone for a short-term project, a contractor might be a good option.

Budget:

Employee: Hiring an employee comes with ongoing costs, including wages, superannuation, and leave entitlements.
Contractor: Engaging a contractor can be more cost-effective, as you only pay for the work they complete.

Control and direction:

Employee: If you need a lot of control over how the work is done, an employee might be a better fit.
Contractor: If you're happy to give the contractor more autonomy, they might be a good option.

Ultimately, the decision of whether to hire an employee or engage a contractor comes down to your specific needs and circumstances. Weigh the pros and cons carefully, and choose the option that best suits your business.
Frequently Asked Questions
You've got the basics, you've weighed the options, but you might still have some questions. Let's tackle some of the most common ones about employee vs. contractor classifications:
What if I'm not sure?
Seek professional advice: If you're unsure about the classification of someone you're working with, it's always best to seek advice from a legal professional.
What about contractors?
Contractor responsibilities: Contractors are responsible for their own taxes. They also need to have their own ABN. Remember, it's important to get the classification right from the start. If you're unsure, seek professional advice to avoid any potential problems.

Seek Expert Advice

You've got a good understanding of the differences between employees and contractors, and you've considered the factors that are important for your business. But remember, every situation is unique, and it's always best to seek professional advice when making decisions about employment arrangements.

Whether you're unsure about the classification of someone you're working with, or you need help navigating the legal requirements, a legal or HR professional can provide tailored guidance and help you make the right decision for your business.

And if you're looking for a way to reach an audience of amazing customers, selling on Amazon can be a great option. Amazon has a fantastic system for handling orders and shipping, so you can focus on what you do best: growing your business.

Don't hesitate to reach out to an expert for help. It's better to be safe than sorry!

Important: The above information is provided for convenience and general reference purposes only. It is not tax, legal, or other professional advice and must not be used as such. You should consult your professional advisers if you have any questions about your individual circumstances or need further detail.
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