Are you an em­ployee or con­trac­tor?

Kapi-Mana News - - OPINION - By SAN­DRA AN­DREWS

We see many clients at the Cit­i­zens Ad­vice Bureau in Porirua re­lat­ing to ques­tions about their work.

For ex­am­ple, they have not re­ceived a pay slip, are not sure about their an­nual leave en­ti­tle­ments or do not have an em­ploy­ment con­tract.

After talk­ing to clients, we are find­ing that some peo­ple are con­trac­tors, not em­ploy­ees, and that there­fore their rights are dif­fer­ent. As an em­ployee you: Have a ‘‘boss’’ who di­rects when, where and how you do your work.

Have your tools and safety gear pro­vided to you.

Face dis­ci­pline if you are late for work or do not carry out work re­quired.

Have limited con­trol on in­creas­ing your in­come by chang­ing the work you do.

Have a writ­ten em­ploy­ment agree­ment.

Have paid an­nual leave, sick leave, and be­reave­ment leave en­ti­tle­ments. As a con­trac­tor you: Con­trol what jobs you do, and when and how you do them.

Take re­spon­si­bil­ity for pay­ing your own tax and ACC le­vies.

Own, main­tain, re­pair and re­place your own tools, equip­ment, ve­hi­cles and safety gear.

Em­ploy staff or sub-con­tract the jobs you have to do to other peo­ple.

Do not re­ceive paid an­nual leave, sick leave and be­reave­ment leave en­ti­tle­ments un­der the con­tract.

Why is this dis­tinc­tion im­por­tant? If peo­ple are em­ploy­ees, they will have em­ployee rights un­der the Em­ploy­ment Re­la­tions Act and other em­ploy­ment laws.

If a per­son is a self-em­ployed con­trac­tor, then he or she will not be cov­ered by the Em­ploy­ment Re­la­tions Act or some of the other em­ploy­ment laws, such as the Hol­i­days Act 2003. There is more in­for­ma­tion avail­able at or work­place/knowl­edge­base/item/1328.

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