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Contracted Players - Return of the Long Pins

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Posted April 16, 2020 23:31 · last edited April 16, 2020 23:34

Blew.2 wrote:

andrewvoerman wrote:

A-League contracts start on June 1 (or whenever a player signs) and end on May 31 each year.

Out of interest  can you/someone help me understand a 2 year contract.  Players are fixed term contractors with a sole supplier of work. Hence Holiday pay, Tax, ACC etc liabilities to the Club

So in between the contracted season 1 end and season 2 start  their must? be a further clause to cover that period that do's not accrue Wages, Sick leave, Holiday pay and lock them for the 2nd season. 

 

Have a degree in Commercial law, but haven't used it in a while. My understanding is that playing football would be more likely to meet the definition of employment rather than contracting given they don't choose their time and place of work, don't provide their own tools (kit, balls etc) for the most part, are integrated parts of "the team" & I highly doubt that the payers are sending invoices to the club for payments. If the players are registered as independent contractors I'd expect IRD to have something to say about it - I'm not sure there's a single test that the Nix players would actually meet to be classed as contractors, other than some perofrmance based remuneration which isn't contractor exclusive anyway.

More guidance here: https://www.employment.govt.nz/starting-employment/who-is-an-employee/difference-between-a-self-employed-contractor-and-an-employee/

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Unknown editor edited April 16, 2020 23:34
Blew.2 wrote:
andrewvoerman wrote:

A-League contracts start on June 1 (or whenever a player signs) and end on May 31 each year.

Out of interest  can you/someone help me understand a 2 year contract.  Players are fixed term contractors with a sole supplier of work. Hence Holiday pay, Tax, ACC etc liabilities to the Club

So in between the contracted season 1 end and season 2 start  their must? be a further clause to cover that period that do's not accrue Wages, Sick leave, Holiday pay and lock them for the 2nd season. 

 

Have a degree in Commercial law, but haven't used it in a while. My understanding is that playing football would be more likely to meet the definition of employment rather than contracting given they don't choose their time and place of work, don't provide their own tools (kit, balls etc) for the most part, are integrated parts of "the team" & I highly doubt that the payers are sending invoices to the club for payments. If the players are registered as independent contractors I'd expect IRD to have something to say about it - I'm not sure there's a single test that the Nix players would actually meet to be classed as contractors.

More guidance here: https://www.employment.govt.nz/starting-employment/who-is-an-employee/difference-between-a-self-employed-contractor-and-an-employee/

Unknown editor edited April 16, 2020 23:33
Blew.2 wrote:
andrewvoerman wrote:

A-League contracts start on June 1 (or whenever a player signs) and end on May 31 each year.

Out of interest  can you/someone help me understand a 2 year contract.  Players are fixed term contractors with a sole supplier of work. Hence Holiday pay, Tax, ACC etc liabilities to the Club

So in between the contracted season 1 end and season 2 start  their must? be a further clause to cover that period that do's not accrue Wages, Sick leave, Holiday pay and lock them for the 2nd season. 

 

Have a degree in Commercial law, but haven't used it in a while. My understanding is that playing football would be more likely to meet the definition of employment rather than contracting given they don't choose their time and place of work, don't provide their own tool, are integrated parts of "the team" & I highly doubt that the payers are sending invoices to the club for payments. If the players are registered as independent contractors I'd expect IRD to have something to say about it - I'm not sure there's a single test that the Nix players would actually meet to be classed as contractors.

Unknown editor edited April 16, 2020 23:32
Blew.2 wrote:
andrewvoerman wrote:

A-League contracts start on June 1 (or whenever a player signs) and end on May 31 each year.

Out of interest  can you/someone help me understand a 2 year contract.  Players are fixed term contractors with a sole supplier of work. Hence Holiday pay, Tax, ACC etc liabilities to the Club

So in between the contracted season 1 end and season 2 start  their must? be a further clause to cover that period that do's not accrue Wages, Sick leave, Holiday pay and lock them for the 2nd season. 

Playing football would be more likely to meet the definition of employment rather than contracting given they don't choose their time and place of work, don't provide their own tool, are integrated parts of "the team" & I highly doubt that the payers are sending invoices to the club for payments. If the players are registered as independent contractors I'd expect IRD to have something to say about it - I'm not sure there's a single test that the Nix players would actually meet to be classed as contractors.