Paid commission only, but still an employee?
You are paid only by commission, yet your days look like an employee's.
You are paid purely on commission, with no basic salary, and you were told that makes you a contractor, not an employee. Your actual working days say something different.
A commission only pay structure does not decide your legal status. Courts look at how the relationship actually worked, which is the heart of any gig worker classification question.
Does being paid commission only mean I am not an employee?
Not necessarily. Courts consider factors such as control over your hours, use of company equipment, and whether you can send someone else to do the work.
A worker who follows set hours, reports to a manager and cannot send a substitute looks like an employee, whatever the pay structure.
Why does this classification matter so much?
If you are genuinely an employee, you gain unfair dismissal protection and other entitlements that a true independent contractor does not have.
A wrong contractor label can mean losing protection you were entitled to all along, without ever realising it.
What evidence supports employee status here?
Gather anything showing control, such as fixed hours, required reporting, company email or uniform, and performance targets set by your employer.
Keep messages that tell you how, not just what, work should be done. Control over how you work is a clear signal.
How does the 60-day deadline apply if I am dismissed?
If you are found to be an employee and were dismissed without just cause, you still have 60 days to file a Section 20 representation.1 This is the written claim you lodge to say your dismissal was unfair, and it goes to the Director General of Industrial Relations.
Your employer must prove the arrangement was genuinely a contractor one, not just point to the label in your agreement.2
What should you do this week?
Write down a typical working day, including your hours, who directs your tasks, and whether you could realistically decline work.
If your agreement uses fixed term contractor language despite ongoing renewal, read about a contractor who is really an employee. If a dismissal has already happened, use the deadline calculator.
If you want your employee status recognised, describe a typical working week to an independent employment lawyer. They can review whether it is a case they can act on.
You are paid on commission only but work like an employee, and you want that recognised. An independent employment lawyer can review a typical week of your work and act if you have grounds.
For people seeking legal representation. For general information, please use our guides and tools.
First contact: general facts only, such as date, location, employment status and a short summary. Keep documents private until an identified independent lawyer contacts you and specifically requests them.
Common questions
Does my written contract calling me a contractor settle the question?
No. The label in a contract does not decide your legal status if the actual relationship looks like employment. Courts look past the label to how things worked day to day.
What if I also work for other companies at the same time?
Working for more than one company can point toward contractor status, but it is one factor, not a decisive test. The overall pattern of control matters most.
Can I be reclassified as an employee after the fact?
Yes. If a dispute arises, the Industrial Court can look at the substance of the relationship even after the fact.
Does having no fixed salary rule out any dismissal protection?
Not on its own. Pay structure is one factor, but genuine employee status can still exist without a basic salary if the other signs of control and integration are present.
Sources
- An employee who believes they were dismissed without just cause may file a Section 20 representation within 60 days of the dismissal. Mah Weng Kwai & Associates
- In an unfair dismissal case the burden of proof rests on the employer to show just cause or excuse for what happened. Mah Weng Kwai & Associates
Keep reading
You are paid on commission only but work like an employee, and you want that recognised. An independent employment lawyer can review a typical week of your work and act if you have grounds.
For people seeking legal representation. For general information, please use our guides and tools.
First contact: general facts only, such as date, location, employment status and a short summary. Keep documents private until an identified independent lawyer contacts you and specifically requests them.