contractors

Thousands of workers in New Zealand are ‘misclassified’ as contractors when they should really be employees.

These workers are often missing out on basic rights and protections, like the minimum wage, guaranteed hours, holiday pay, sick leave, KiwiSaver contributions, the ability to challenge an unfair dismissal, and the right to unionise and collectively bargain better pay and conditions.

To claim their proper entitlements, workers can challenge their employment status in the Employment Relations Authority or Employment Court. We are supported Uber drivers to do just that last year. Read more about the Uber driver Court victory here.

The Authority/Court makes a decision based on factors like who has control over the work, what level of independence there is, how integrated into the business you are, how financially reliant you are on that business, and what the fundamental reality of the relationship is. What your contract says is not the most important thing.

For more information about the differences between employees and contractors, click here.