How Would You Respond? (Job Related)

Hi All,

Looking for advice for a relative. He has been self employed/sole trader working as sub-contractor to a private company for almost 20 years. He would like to try out a new job as a permanent employee elsewhere and received a contract for this new role. However, he is concerned he might not like it or it wont work out long term and potentially come back to his previous employer etc. He is over 60yo+ and is not yet ready to retire. He doesnt know what to say to his current employer for the length of time off before he makes his decision (e.g. 2-3months).

As a sole trader he has not received any leave entitlements or super and from my opinion is significantly underpaid. The new role is more stable with less early morning shifts and 40 hr work week.

So my question is what would you say to the previous employer to hold his position?

Comments

  • +3

    I'll be back…
    (Schwarzenegger)

  • +2

    Hold his job for 2 ~ 3 months? Not much, I would imagine, other than just being upfront about it. Just say he wants 3 months off…

    If I had worked for the same employer for 20 years and they underpaid me, gave me more than 40hrs a week with shitty start times and I didn’t receive any leave or super entitlements, I know what I would be saying to them…

    • Yes I know, I have tried to tell him this, but he is set in his ways. Also, afraid of change.

  • +1

    Are you sure that he doesn’t have an entitlement to superannuation at law? Just calling him a contractor isn’t enough if it’s effectively a full time job. He might have a massive sum owed to him.

    • I am wondering the same thing. How would I be able to find that out for him? His English is not that great.

      • Sole traders pay their own super. Mate went through the same thing when he used to sub doing kitchen fit outs. He pays his own wage and super also negotiates his own rate for the contracts.

  • +1

    He is a sole trader, he is his own employer, just because he has a contract with someone doesnt make them his employer, he doesnt have to say anything at all. There is no way to hold a position that doesnt exist in the first place.

    • Yes, I agree with you here, however, as the work was ongoing and has been for a decent length of time he is scared to try something new and unsure if he will like the new role. His age being a factor for finding further employment if this opportunity doesnt work out.
      And yes the term 'employer' is used loosely.

  • Regarding the original questions, I think communication is key.

    I would approach the current employer and explain the situation. The current employer may not know your relatives current concerns, and assume the current relationship is mutually beneficial. They may be in a position to provide your relative with the security he requires if they know that is what he is seeking.

    It will mostly be negotiations from there. If the employer does not show any interest, I would not want to work for them.

    However, I understand the fear of being left with no work, especially given your relatives age.

    Best of luck to him!

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