- How to determine someone’s employment status
- Can Employers Check Your Employment History?
- Search More Than Just Social Media
The person's profile may contain information about his employer that you can use to verify his employment status. If the person's profile is private, send a friend request — if he responds, you will be able to see his profile information. Check the licensing sections of government regulatory websites for appointment or employment information. For example, insurance regulatory entities typically maintain lists of licensed agents, as well as information about which companies agents are appointed with.
Similarly, nursing websites typically provide information about where nurses and nurse aides work. Obtain a copy of the person's credit report. Credit files usually list information gathered from creditors about the person's place of employment. Contact references provided by the person on credit applications, lease applications and similar documents.
A person's reference contacts, such as friends, family members and coworkers may provide information to help you verify the person's employment. You should have authorization from the person to contact his reference to avoid violating the provisions of the Fair Debt Collection Practices Act. Contact any employers you find during your search. The employer may not give you detailed information, particularly if it does not currently employ the person; however, the employer's representative can verify whether the person currently works there.
Order an employment search from an online search service. These services usually require payment — if you do not have time to conduct research yourself, this strategy may help you determine the person's employment status; however, these services typically rely on publicly available information that you can access yourself.
You can't use or include any conditions in an employment contract, enterprise agreement or other registered agreement that:. You can also use PACT to help you find the correct award if you're not sure.
How to determine someone’s employment status
You can also subscribe to the Fair Work Ombudsman email alerts to get updates to the awards. Under the Pay as you go PAYG withholding rules, you must collect tax from employee payments so they can meet their end-of-year tax liabilities. The Tax withheld from individuals calculator will help you work out how much tax to withhold from your employees.
Electronic record keeping packages are also available that can automatically calculate the amount of tax you need to withhold. If you don't pay the super guarantee for your employees, you may have to pay the super guarantee charge. The charge is not tax-deductible. WA sole traders and partnerships in the WA industrial relations system should read choice of super in the WA system.
Use the Super guarantee eligibility tool to help you understand whether you need to make super contributions for your workers including contractors. For more information go to the Super for employers section on the ATO website. As a business owner, you're responsible for health and safety in your workplace. Under workplace health and safety laws, you must provide:. Maintaining a safe and healthy workplace should be part of your everyday business operations.
Talk to your workers. They are the best source of safety information in your business.
Can Employers Check Your Employment History?
For practical guidance on understanding and following work health and safety legislation in your state or territory, go to:. As an employer, you must have insurance to cover workers if they are injured at work or become ill due to their work. This is known as workers' compensation insurance. Visit the workers' compensation insurance authority website for your state or territory to understand your requirements:. If you employ eligible employees in these industries, you must register with the portable long service leave authority in your state or territory.
You must also let them know when your eligible employees start and end employment. Long service leave is additional leave accrued by workers after extended periods of service with the same employer. To ensure eligible workers in these industries can access similar entitlements, the Australian states and territories have set up schemes for them.
To create this checklist, we worked with federal and state agencies, small business owners, tax agents, accountants, and other organisations, as part of a Small Business Fix-It Squad. The squad included the following agencies:. Would you like to help out future Fix-It Squads?
Find out how you can get involved as a small business owner.
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Information on employer obligations to make superannuation guarantee contributions for eligible employees and choice of super fund, Australian Taxation Office requirements and payment cut-off dates, and the Small Business Superannuation Clearing House. Wages and employment conditions are often one of the first things a potential employee will consider about a job. It is important for contractors and hirers to understand their rights and responsibilities.
Home People Hiring Taking on an employee checklist. Taking on an employee checklist Last Updated: 29 October Can you take on an employee? Whether you're starting, running or growing your business, you can take on an employee. Read more about employing people. What kind of employment are you offering? Depending on the requirements of the job, you might consider taking on: permanent employees, whether full-time or part-time casual employees trainees or apprentices contractors temporary employees through an employment agency or labour hire firm.
Is your worker an employee or a contractor? To make sure you're doing the right thing as an employer, check the following: For wages and entitlements Read the Fair Work Ombudsman's advice on independent contractors. Make sure you know the rules about sham contracting arrangements. Sham contracting is where an employer attempts to portray an employee as an independent contractor. There are penalties if you don't meet your pay as you go PAYG withholding and superannuation obligations for a worker.
Can your employee legally work in Australia? Can legally work Australian citizens, permanent residents and New Zealand citizens are legally allowed to work in Australia. Australian visa holders are also legal workers if their visas allow them to work. Some visas only allow certain kinds of work. They may only be able to work for a certain employer, for a certain number of hours, or for a certain time period. Can't legally work Some visas don't allow the visa holder to work at all.
Foreign nationals who don't have a valid visa aren't allowed to work in Australia. This might include a person whose visa has expired or been cancelled. What are your employee's rights under anti-discrimination laws? Their Employer Hub has resources to help you: identify job requirements create job advertisements develop job application and selection processes write interview questions undertake medical assessments. Remember that anti-discrimination laws apply to both employees and contractors. What are your record keeping requirements? Penalties may apply for failing to meet your record keeping and pay slip obligations.
Employment records and payslips Keep all employee records for seven years Fair Work Act Tax purposes All employee and contractor records must be kept for five years.
Search More Than Just Social Media
Are you paying the correct wages and entitlements? The minimum conditions An employee's minimum wages, including penalty rates and overtime, will come from the award or registered agreement that covers their employment. An award will automatically apply to an employee if: it covers the business they are working for and the work they are doing, and there is no registered agreement that covers the business.
You can't use or include any conditions in an employment contract, enterprise agreement or other registered agreement that: provide a pay rate that is lower than the rate in the relevant award are less than the national minimum wage or the NES exclude the NES altogether. If you fail to meet the NES in any way, you may face penalties. What tax do you need to deduct from your employee's pay? You'll need to withhold tax if any of the following apply: you have employees you have other workers, such as contractors, and you enter into voluntary agreements to withhold amounts from your payments to them you make payments to businesses that don't quote their Australian Business Number ABN.