Am I an employee or a contractor?

Am I an employee or a contractor?

1 answer

Answer to the question

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28.07.2026

I work full time for a single business under a contractor agreement. I use their equipment, follow their roster and cannot send someone else in my place, but they say I am not entitled to holiday pay or sick leave. How do I know which I am?

Site Administration 29.07.2026
reply date: 29.07.2026

The label in the agreement is not decisive. Under section 6 of the Employment Relations Act 2000, the court or Authority looks at the real nature of the relationship, considering all relevant matters, including the control the business has over how and when you work, whether you are integrated into the business, whether you work on your own account or are economically dependent on the business and whether you provide your own tools and take a commercial risk. On your description, several factors point toward employment. If you are found to be an employee, you are entitled to minimum employment rights such as annual holidays, sick leave, public holidays, minimum wage and protection from unjustified dismissal. You can ask the Employment Relations Authority to determine your status. Keep evidence of how the work is actually done.

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