Am I in a Sham Contract as A Personal Chef?
Am I in a sham contract?
I have been working as a personal chef for a family for the past 2 years, approx. 20 hours per week and am paid on an hourly basis.
I usually work an 8-9 hour day and only take a 15minute break because otherwise I wouldn't have time to complete all the cooking that they request. Many times I have worked a 9 hour day with no break at all. When I do take a 15 minute break I am not allowed to include this time on my invoice.
Technically on paper I am working for the father’s business, even though all of my duties are performed in his family home for the family's meals.
I invoice them weekly and am paid a set hourly rate. My invoices are sent to the accountant of the father’s business who then pays me from his business account, so I suspect there may be some tax fraud going on too.
My days of work and hours are the same every week, menus and recipes are dictated to me, the majority of the way in which I work is dictated to me and VERY specific. eg which containers to use for which food items, using different cleaning sponges for specific items, how I use a chux cloth, where I wash my hands at specific times of the day, which spoons I can taste food with and following a very expansive list of SOP’S
I do not pay for any of the ingredients, and I use all of the equipment in the house. the only thing I provide is an apron and my own knife (knife is out of preference for my own- they have supplied me with knives)
I am not able to subcontract or send someone else to perform my duties.
over the 2 years I have had occasions of being sick and been forced to take off an extra week or two AFTER recovering to ensure I am not contagious. the same applies if I take a flight anywhere. I am forced to take 1-2 weeks unpaid 'quarantine' time.
I have never received any pay for sick, holiday, personal or bereavement leave. I have not received any superannuation. I do not have a contract of any sort. this is my primary job and covers approx 90% of my earnings. my work is 95% labour.
If anyone has any advice on my situation it would be tremendously appreciated