Employees and contractors have different rights and obligations under the employment legislation.

Below are some examples of questions worth asking before starting an employment relationship

You are a self-employed contractor if you: You may be an employee if you:
advertise your expert services and skills have a common understanding (intention) with your employer that you are an employee.
intend to be self-employed and structure your earnings through a business have a ‘boss’ who directs when, where and how you do your work
control what jobs you do, when and how you do them apply for jobs advertised rather than advertise your own services
take responsibility for paying your own tax and ACC levies have an employer taking responsibility for your health and safety in a workplace
take responsibility for your own health and safety in the workplace have your tools and safety gear provided
take responsibility for the health and safety for others in the workplaces you work in do not have to provide your own transport to travel in the job
own, maintain, repair and replace your own tools, equipment, vehicles and safety gear face discipline if you are late for work or do not carry out work required
structure your earnings through an accountant or a company have limited control on increasing your income by changing the work you do.
employ staff or sub contract the jobs you have to do to other people have a written employment agreement
can increase your income by changing the jobs you do. have paid annual leave, sick leave, and bereavement leave entitlements
have a contract for service with a principal, rather than an employment agreement
do not receive paid annual leave, sick leave, and bereavement leave entitlements

The information contained in this blog is purely for generic purposes and is general information to bring the matter to the attention of the reader.

We highly recommend that should the reader choose to act on this information, they seek professional advice specific to their circumstances to obtain all information relevant to the subject. This blog should not be relied upon as the sole source of information for this purpose. This blog does not represent the opinion of the company, rather is the opinion of the writer about the facts on which it is based.