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Contracted Players - Return of the Long Pins

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Posted April 17, 2020 02:36 · last edited April 17, 2020 02:38

Blew.2 wrote:

Nelfoos wrote:

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/

you employ someone on a fixed term contract, then renew it at what stage do the become full time employees not a contracted worker?  Couriers where self employed contractors then IRD changed rules say they did not source their own work so we’re emploees eligible for holiday pay etc. Hence now eg to get a courier pick up you dial in and request is direct to your courier returning the to self employed contractors.  Oh well this is not football so will leave it 

Many fixed term contracts are employment contracts, that's not one of the indicators really. As a teenager I worked on an orchard, doing apple thinning. My contract was until a fixed end date in mid-Jan but they were paying my PAYE and contributing to my Kiwisaver and I was an employee. An end date on a contract tells us nothing either way.

The Nix players should definitely be being treated as employees, because that is the nature of the work they're performing based on my understanding of NZ employment law.

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Unknown editor edited April 17, 2020 02:38
Blew.2 wrote:
Nelfoos wrote:
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/

you employ someone on a fixed term contract, then renew it at what stage do the become full time employees not a contracted worker?  Couriers where self employed contractors then IRD changed rules say they did not source their own work so we’re emploees eligible for holiday pay etc. Hence now eg to get a courier pick up you dial in and request is direct to your courier returning the to self employed contractors.  Oh well this is not football so will leave it 
Many fixed term contracts are employment contracts, that's not one of the indicators really. The Nix players should definitely be being treated as employees, because that is the nature of the work they're performing based on my understanding of NZ employment law.