Contract , Pay and more?!?

Hi guys,

I have recently landed my first real industry job with a 3d architecture company and have been working there for the around 2 months now with renewal of my 3 month contract coming up soon. Firstly I need to clarify the conditions of my contract. I am currently contracted fulltime although I?m capped at a payable 40hrs per/wk - however since i started I?ve been working 50hr weeks minimum. I do not receive any entitlements such as super, sick leave and tax is not taken out of my pay. I am currently paid $19per/hr, which is crap when you deduct tax and super contributions. My job title is currently 3D artist/Graphic design however I?m also acting as an ?art director' and take allot of responsibility for that side of things.

What i need to know is:
(a) - If my contract is fulltime do they have to pay super?
(b) - What is a fair hourly rate given the hrs i work, responsibility etc.
(c) - what other things should I demand when my contract is up for renewal?

Any help is greatly appreciated.

Brain's picture

I find that truly bizarre. If you're on fulltime employment, you get paid super. Hell, casual's get super. Unless someone says different, that's something I'd definitely bring up.

LOOM's picture

definately speak to someone knowledgable about them not paying your super. im pretty sure its not right.

you say they dont take out tax, so is it "cash in the hand" ?
although im not aware of the legalities of contracts - i always though companies not paying tax is illegal.

unknownuser2's picture

Sounds a little on the strange side, take your contract to a lawyer and have it reviewed by a professional. You may have to cough up 30 minutes of a lawyers time - but then you can back up any faults with a law firms and even lawyers name and not "because this guy on the forum said its shoddy".

J I Styles's picture

...I?m capped at a payable 40hrs per/wk - however since i started I?ve been working 50hr weeks minimum

If that is what's demanded/required of you, then that's simply not on. If it's your choice to do that, then I'd also say it's not on since you're only hurting yourself.

I'd suggest sending your work around to other places at the same time as going in to re-negotiate your contract. I'd suggest questioning it and asking for what you want and feel is fair - never under-value yourself.

groovyone's picture

If you're a contractor operating through your own sole trader business then you are repsonsible for your own super.

If you are employed as a PAYE Employee by the company they are required by law to put aside super for you.

If you are being capped at 40 hours a week, and you're payed per hour, and they expect you to work 50 hours, then I'd have a word to them as it sounds like you're being taken advantage of. Either they want you to work 50 hours and pay you for 50 hours or they want you to work 40 hours and pay you for 40 hours.

HOwever it's your contract and what you sign means you agree. Better to re-negotiate before re-signing.

maestro's picture

Basically it is like the other guys have said. When you are a contractor you are responsible generally for super and leave responsibility.

Generally on a contract you get higher net pay so you can cover those things that you wouldn't get ohterwise and you generally only do a contract for the short term.

One thing to consider when doing contract the way you have specified is technically you should have a ABN and be invoicing the company for the hours worked.

Also there are contract management companies out there, that will give you a regular salary, so you are protected for things like work cover, indeminity insurance etc, and they manage all the tax, super elements for you, a few company examples are entity solutions and ayers management.