Independent contractor

[Argyle]

Companies that write contracts like that tend to be bad employers. Careful what you wish for.

But if you really want, say your keen but want to be an employee, not a contractor. And that you want $x/hour.

And I assume your visa allows you to work in New Zealand ...

A yes my Visa is a sponsored one on my fiance who's a radiographer. We are about to apply for permanent residency.
The Visa i am on now allows me to take any job.

[Macontour]

Been talking to my fiance and she says i should look for something other now. It's just to much mocking around for shit money. Which i have realized now by reading all answers. I could do this job if they pay me 22 - 25dollars per hour maybe?! Since i have to save for my own holiday money, pay my own insurances, acc etc. And it says I'm not allowed to work for another company in the contract.

If it says you can't work for anyone else, you hardly come under the "self employed, independant contractor category for IRD purposes.

I am no accountant but years ago I worked in a similar fashion installing home security systems. The benefit to you of being Self employed, independant contractor are that all your business costs are tax deductible including a percentage of vehicle expenses, cell and landline phone costs, house costs(ie rates etc) because you WOULD have an area of the house set up as a home office WOULDN'T you, possibly clothing/uniform costs and so on.

However it really sounds like you would technically be an employee and they are just renting you out.

Best to get some legal and accountant advice and if the boss says you don't need to...run away as fast as you can.

The advice may cost you little money, porobably will, but may save you a lot in the long run.

[Argyle]

If it says you can't work for anyone else, you hardly come under the "self employed, independant contractor category for IRD purposes.

I am no accountant but years ago I worked in a similar fashion installing home security systems. The benefit to you of being Self employed, independant contractor are that all your business costs are tax deductible including a percentage of vehicle expenses, cell and landline phone costs, house costs(ie rates etc) because you WOULD have an area of the house set up as a home office WOULDN'T you, possibly clothing/uniform costs and so on.

However it really sounds like you would technically be an employee and they are just renting you out.

Best to get some legal and accountant advice and if the boss says you don't need to...run away as fast as you can.

The advice may cost you little money, porobably will, but may save you a lot in the long run.

It says i must consult with the company if i will work for someone else. But the problem this is as a Caregiver. There are no one else who i can take some work from, caregivers i assume are always employees? Who should give me work outside the employer i got?
There is a point there, they will as you say hire me out to their clients.
I mean they can only provide me so far a sunday and monday. 16h hours work permanently based at a mans house. I will get 240dollars after tax for that work, that is only pocket money and top of this i am supposed to pay ACC, insurances etc etc.
Sure they might have some more work for me but i can only refer to them for some work, not to anyone else. Other company's have their own employees.

[BiK3RChiK]

Forget it mate! It's a crock........

[Argyle]

this is what i wrote to the lady who i have been in contact with

Hi Sally!



During the weekend and today I have been seeking some advice about the independent contract you gave me.

As it says in the contract I have to pay for all my own expenses except the ones you mentioned to me. But I have to pay ACC, liability insurance, sick days, holiday and annual accountancy on 15dollars per hour, this won’t leave me much in the end I am afraid.

A friend to me said the contract is more an employee contract then an independent contract. Since (the company) will more “hire” me out to their clients I will also work more like an employee then an independent contractor.

Another said the contract is illegal and (the company) more tries to get away from paying sick days, holidays, Acc, Kiwi saver by offering this contract.



I have not gone to an accountant yet to seek some legal advice but I understand that 15dollars won’t take me far if I have to pay for all my own expenses as mentioned above.

It does look more like I have to earn 30dollars per hour if I am going to do this work as an independent contractor.



But if I were employed as an employee I could start of with 15dollars per hour that would not be a problem for me. If they don’t want to give me a certain amount holidays they can pay me some extra on my hourly rate, for me to put aside myself.



I really would like to do this job but not under the conditions as an independent contractor but as an employee.



I hope you understand my position in this matter?



Regards

Robin Andersson

[reofix]

Your reply is a more than reasonable response to what amounted to an exploitative slavery contract... No employer with an ounce of decency would entrap a staff member into becoming a "contractor " at that hourly rate. Th e costs of being a sole trader and meeting all compliance costs are increasing all the time. A suitable charge out rate is 3 times the wage rate. If you are paying someone $15 per hour (even if it yourself you are paying) you need to charge out at $45 per hour + gst to have a business that will meet its costs and show a return for the risks involved.

[Argyle]

Your reply is a more than reasonable response to what amounted to an exploitative slavery contract... No employer with an ounce of decency would entrap a staff member into becoming a "contractor " at that hourly rate. Th e costs of being a sole trader and meeting all compliance costs are increasing all the time. A suitable charge out rate is 3 times the wage rate. If you are paying someone $15 per hour (even if it yourself you are paying) you need to charge out at $45 per hour + gst to have a business that will meet its costs and show a return for the risks involved.

Hmm okay, no i fully understand they try to fuck me sideways here. But i learned allot from this, always something. I know they won't offer me the job anymore, they will probably get someone who will accept this. I might just report them to the IRD or go to fairgo? Blacklist the company!?

[Meanie]

this is what i wrote to the lady who i have been in contact with

Hi Sally!



During the weekend and today I have been seeking some advice about the independent contract you gave me.

As it says in the contract I have to pay for all my own expenses except the ones you mentioned to me. But I have to pay ACC, liability insurance, sick days, holiday and annual accountancy on 15dollars per hour, this won’t leave me much in the end I am afraid.

A friend to me said the contract is more an employee contract then an independent contract. Since (the company) will more “hire” me out to their clients I will also work more like an employee then an independent contractor.

Another said the contract is illegal and (the company) more tries to get away from paying sick days, holidays, Acc, Kiwi saver by offering this contract.



I have not gone to an accountant yet to seek some legal advice but I understand that 15dollars won’t take me far if I have to pay for all my own expenses as mentioned above.

It does look more like I have to earn 30dollars per hour if I am going to do this work as an independent contractor.



But if I were employed as an employee I could start of with 15dollars per hour that would not be a problem for me. If they don’t want to give me a certain amount holidays they can pay me some extra on my hourly rate, for me to put aside myself.



I really would like to do this job but not under the conditions as an independent contractor but as an employee.



I hope you understand my position in this matter?



Regards

Robin Andersson

Good for you, Good luck with this, hopefully something will turn up for you soon and youll get a reasonable job offer

[Argyle]

Good for you, Good luck with this, hopefully something will turn up for you soon and youll get a reasonable job offer

Will anyway be fun to read the answer!

[Argyle]

Haha, this how they applied my letter!

Hi Robin,

Thankyou for your email.
Unfortunately the terms of the contract are not negotiable.
Thankyou for your application and good luck in your future endeavours

Regards
xxx
xxxx
xxxxxx

[duckonin]

whoa ,$15 an hour and you pay all your expenses?

If thats the case, I fully support you staying on the dole and continuing to look for a job, That offer is offensive.

At this time in NZ Harcourts employs independant contractors (sales persons) at such a high rate sales persons per number of houses per town, that most of those independant contractors before paying all of their expenses and there are a heap of them, are earning less than $15 per hour, but they stick it out in hope of doing better, but with the number per office employed it has become a lottery....Who makes a small dollar this week, a lot say it is better to make Fuck all than go on the dole..

[cowboyz]

thank god for that....... You just dodged a bullet.

[Argyle]

At this time in NZ Harcourts employs independant contractors (sales persons) at such a high rate sales persons per number of houses per town, that most of those independant contractors before paying all of their expenses and there are a heap of them, are earning less than $15 per hour, but they stick it out in hope of doing better, but with the number per office employed it has become a lottery....Who makes a small dollar this week, a lot say it is better to make Fuck all than go on the dole..

I can't be on the dole and never been taking any benefits in my whole life. I will find another job, if I don't I can still continue do horses, cows, sheep whatever. I am a farmer.

[ynot slow]

That offer is insulting as others have said.To give you an idea my brother completed his electrical apprenticeship with trade cert,awards etc.His boss offered him to options,employee at $300 per week,or sub-contract to him(boss)for $400 p/w both for 40 hours Mon-Fri 8.00-5.00pm standard day.Off hand the boss supplied sign written van which brother was using,brother paid fuel,oil,tyres,boss paid wof,rego,insurance was 50/50% as technically the van wasn't owned by brother.Any work outside 40hours was still charged at normal rates,unless he was required to work on weekend,then days in lieu.Brother weighed up ACC,tax,fuel,loss of 4 weeks leave and took subby position.This was back in 1984 so $15.00 p/h is crap.He made enough in a bit over a year to go overseas so paid little tax as well.

[The Pastor]