---
title: "Decide whether a worker is an employee or an independent contractor"
url: "https://ailawframework.com/practice/employment-and-workplace-relations/decide-whether-a-worker-is-an-employee-or-an-independent-contractor"
type: "task"
site: "AI Law Framework"
id: "A14-KE20261022-3"
practice_area: "Employment & Workplace Relations (incl. WHS)"
tier: "red"
lawyer_review: "required"
last_reviewed: "2026-10-22"
---

# Decide whether a worker is an employee or an independent contractor

> From the contract and the facts the lawyer marks, fill a comparison under the headings on the whole-of-relationship page: control of how the work is done, financial responsibility and risk, tools and equipment,…

Canonical page: https://ailawframework.com/practice/employment-and-workplace-relations/decide-whether-a-worker-is-an-employee-or-an-independent-contractor  
Last reviewed: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Employment & Workplace Relations (incl. WHS)](https://ailawframework.com/practice/employment-and-workplace-relations.md) |
| Human involvement | Red: Lawyer writes; AI may check, clarify or collect data |
| How AI is used | From the contract and the facts the lawyer marks, fill a comparison under the headings on the whole-of-relationship page: control of how the work is done, financial responsibility and risk, tools and equipment, delegation or subcontracting, hours, and expectation that work will continue. Note the engaging entity's name and type, the dates of the work, and any opt-out document. Do not say whether the person is an employee or a contractor. |
| What the lawyer must review | Decide which test applies and write the conclusion. The tool's comparison is not the advice. |
| Written for / versions | 1 jurisdiction versions below |

## Checking plan

**Lawyer-led judgement**

The comparison is facts only. The conclusion is written separately and is not taken from the tool.

- What the AI does: From the contract and the facts the lawyer marks, fill a comparison under the headings on the whole-of-relationship page: control of how the work is done, financial responsibility and risk, tools and equipment, delegation or subcontracting, hours, and expectation that work will continue. Note the engaging entity's name and type, the dates of the work, and any opt-out document. Do not say whether the person is an employee or a contractor.
- What the lawyer does: Decide which test applies and write the conclusion. The tool's comparison is not the advice.
- Who reviews: Responsible lawyer with competence in the matter
- Basis: Practical workflow informed by the linked primary sources; the traffic light and working checks are editorial guidance, not a scheme classification.
- Why: The level reflects what the work is, the consequence of an error, and how much of the output the lawyer must independently re-derive.
- Restriction: The lawyer makes the substantive assessment. Any permitted AI assistance remains supporting work with its own checks.

## Checks the lawyer makes

1. Record the entity type and the dates of the work before choosing a test.
2. Take practical performance into account only where the whole-of-relationship test applies.
3. Do not treat an ABN, an invoice or the job label as deciding status.
4. Confirm no sentence from the tool is in the advice that is sent.

## Notes

- These are suggested working checks. Confirm the required checking with the responsible lawyer before work starts; the checking approach does not establish permission to use AI.
- The whole-of-relationship page gives Fair Work Act 2009 sections 15AA to 15AB as its source line. The hub page gives sections 13 to 14, 15AA to 15AC, 30A to 30E, 30K to 30P and 357 to 359. The Act was not opened. The regulated-workers page was not opened. Employee-like digital platform work and road-transport contractors are outside this comparison.

## Sources

- [Fair Work Ombudsman: Whole of relationship test](https://www.fairwork.gov.au/find-help-for/independent-contractors/whole-of-relationship-test) (checked 2026-10-22)

## Jurisdiction versions

| Jurisdiction | Level |
| --- | --- |
| [United States](https://ailawframework.com/practice/employment-and-workplace-relations/decide-whether-a-worker-is-an-employee-or-an-independent-contractor/united-states.md) | Red |

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*