Running an internal exercise in your business to identify all the critical documents that are relevant to you, your business and your jobs now and into the future will be worth its weight in gold. This forms the foundation of whether your onboarding process is going to be successful or not.

The exact documents, their structure and how detailed they need to be will vary from industry to industry and even from job to job. It’s important to get professional advice if you are unsure of what your requirements are in any given scenario. That being said, here are some of the most common documents that need to be collected.

Subcontracting Documents

• Subcontractor business and contact details

The stock standard basic information to collect from a subcontractor include their business name, ABN, address and phone number. It’s also important to identify the primary contacts for the contractor for anyone who is going to be involved with your business. Also identifying the GST status of the subcontractor and doing a quick search on the ABN lookup to check it is valid and accurate can save some headaches later on. In some circumstances it can be worthwhile to store a copy of the contractors logo, business card and/or other advertising material for reference.

• Commercial contract

The contract spells out the terms and conditions of your arrangement with the subcontractor and is the most critical document of all. Failing to get a valid written contract signed and agreed to before work begins is opening your business to untold and unnecessary risks. It is also important to remember that a contract may also include several documents for larger projects and may be subject to change throughout the duration of a job when variations occur and are agreed by both parties.

• Scope of work

A scope of works is a thorough and detailed description of the work that needs to be completed. The size, scope and detail of your scope will vary depending on the complexity of the work involved. Be sure to get the subcontractor to sign-off on the scope to show they have taken in all the information and addressed any concerns ahead of time.

• Insurance certificates

Typical insurances include Public Liability, Workers Compensation, Professional Indemnity and/or Personal Accident & Sickness insurances. Insurance can extend to individual situations where specific insurances are required such as tools and equipment. When it comes to insurance, you need to get a copy of their ‘certificate of currency’ which details the insurance and triple check the contractor is covered for the level of insurance you require. Also important to note with insurance is that it can expire if the contractor misses payments, so you need to get updated copies regularly.

• Qualifications, licenses and tickets

Ensuring that your subcontractor has the correct skills and qualifications is important for your peace of mind that they’re capable but may also be a legal requirement. Allowing a subcontractor who is not adequately qualified or that has lapsed qualifications is a huge risk to your business and your clients. Licenses and qualifications expire and need to be monitored to be confident they meet their requirements.

• Right to work e.g. VISA, police checks, working with children.

Depending on your industry it may be important to check that the subcontractor has the right to work as a contractor in Australia. While their ABN is the most significant factor for a contractor to run a business in Australia it may also be necessary to get copies of their Visa conditions to stay within the law. Running background and police checks is a regular occurrence in industries where personal safety is paramount.

• Terms & conditions

When you sign a contract with a subcontractor spelling out the terms and conditions of the agreement, it may be worthwhile to check if the contractor has terms and conditions of their own. In some cases where a subcontractor provides their T&C’s attached to a quote or invoice, they can have a bearing on the engagement. Watch out for any inconsistencies and make sure they are dealt with in writing prior to work commencing.

• Safety documents e.g. SWMS, Site assessments & inductions

Safety documentation is another non-negotiable step to ensuring you are meeting your compliance requirements. Whether the subcontractor is working from home or working on a commercial construction site, there are important safety steps you need to address. Typical documentation includes Safe Work Method Statements (SWMS), location specific Site Assessments, General and site specific inductions as well as ongoing Tool Box Talks all contribute to a safe working environment. The checks and balances in a safe working environment are constant and need to be regularly addressed and updated.

• Payment documentation

The subcontractors invoice is the most obvious piece of payment documentation that you will need to collect. Once again, you need to scrutinise even an invoice to ensure that it meets minimum standards e.g. is the ABN supplied valid and current? You may also be required to or at least benefit from also collecting quotes, details of any negotiations and in NSW a subcontractor statement supplied with each invoice.

The main takeaway here is to thoroughly examine what documentation you need for any work you are hiring a subcontractor to complete. Understand that each piece of documentation is important for different reasons and any gaps in your paperwork may expose your business to unnecessary risks. If you would like more information on best practices for collecting all this documentation you can read on here.

The post What Documents Do I Need From My Subcontractor? appeared first on SubbieHub.

Why do I need to check up on my subbies?

Failing your responsibilities as a hirer of subcontractors often leads to crippling fines, penalties, and back-payments. With such a wide-spread range of laws affecting the engagement of a subcontractor, there is little room for error.

Each regulator and piece of legislation has a range of consequences that can be applied to non-compliance depending on its severity.

Because of the challenge of compliance and the overwhelming amount of work it would take to constantly review each piece of legislation and apply them to each individual subcontractor, compliance is rarely measured in small business.

To protect your business from being built on quick-sand, you need to ensure that you are meeting your minimum responsibilities for compliance.

What laws do I need to comply with?

Subcontracting is built on the foundations of a commercial contract, where two parties come together and make an agreement. This allows subcontracting to be one of the most flexible, productive and scalable forms of engagement, but it also means the laws that govern contracting are scattered.

Here are some of the most common laws you will come across in a subcontracting engagement:

• Workers Compensation
• Tax law: income tax, payroll tax and pay legislation
• Work, health & safety
• Commercial contract law
• Superannuation
• Unfair contracts
• Employee vs independent contractor
• Industry specific legislation
• Vicarious liability
• Payment specific legislation
• License specific legislation

Each of these laws comes with a substantial body of specific legislation and often has volume after volume of case law history attached to it. Complicated laws like each of these require expert advice from professional legal practitioners who in many cases will specialise in one of these areas of law. To get a thorough and comprehensive review of your subcontracting engagements, it may be necessary to get advice from several specialists.

How do I navigate such a labyrinth of laws?

One of the greatest challenges for small businesses trying to meet all these compliance requirements is that each law has its own little differences. In some cases two different laws can look at the same scenario and produce a different outcome. For example extended definitions under Workers Compensation might require you to include a contractor on your policy while tax law says the contractor is treated as an independent entity.

The biggest trick to navigating these laws is to ensure you have collected and verified all the documentation between you and your subcontractor. Typically this is going to be the first step when you see a legal professional anyway. Often times, the simple act of collecting and registering the existing documentation in the business will highlight gaps in missing documents or procedures that are not being followed.

We have developed a unique set of compliance metrics to give small businesses a tool they can use to get a high-level gauge over the general compliance of their subcontractors at any given point in time. You can read more about it here ‘how using metrics can help you achieve contractor compliance’.

Managing your risk

The primary goal with any compliance objective is to manage the risks to you, your business and the people you’re working with. The reality is that compliance is not a one-off fix and requires your constant attention. Taking the time to understand your responsibilities and implementing simple processes to ensure you are meeting them will produce substantial benefits to you, your team and your business in the long run.

The post What Most People Miss With Contractor Compliance appeared first on SubbieHub.