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Re: Employer insisted us to issue an invoice for work that we have completed

Initiate

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Replies 4

Hi,

I was wondering if someone can let us know whom we need to seek help from for our case below please. My wife has been working for a small business for the past year and they have paid as an employee/casual worker plus super (after we insisted they have to do both).  Since 1/7, after 1 full day work, they said they want my wife to issue an invoice to them with 10% extra as they no longer want her to work as an employee/casual worker.  We don't have ABN etc, thus we told them that we cannot issue such invoice.  They are now holding the full day wage pending this and they are reluctant to pay it until they receive the invoice.  Are they breaking the law or we should issue an invoice (without ABN) ?  Who can help us pressure them to pay in a 'normal' worker way ?  Thanks

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ATO Certified Response

Champion

Replies 1

Hi @yandi73 

 

An employer can't force you to do anything like that - and regardless of whether or not you became a "contractor" you'd likely still be working in the same capacity as an employee, hence still entitled to Super and possibly PAYG withholding.

 

Read up more on employee vs contractor on the ATO and then let your employer know to read it too, as there is no "benefit" to them if you suddenly start invoicing but don't operate in any other capacity.

 

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Most helpful response

ATO Certified Response

Champion

Replies 1

Hi @yandi73 

 

An employer can't force you to do anything like that - and regardless of whether or not you became a "contractor" you'd likely still be working in the same capacity as an employee, hence still entitled to Super and possibly PAYG withholding.

 

Read up more on employee vs contractor on the ATO and then let your employer know to read it too, as there is no "benefit" to them if you suddenly start invoicing but don't operate in any other capacity.

 

Initiate

Replies 0

I believe that they wouldn't want to pay PAYG tax.

Anonymous

Replies 1

Hi @yandi73 

 

Get in touch with the fairwork ombudsman straight away as they are the ones that handle these types of matters.

 

Initiate

Replies 0

Thanks.  That is what I thought too.