Employee or Contractor Advice

Not understanding the difference between an employee and a contractor, or treating contractors as employees, can have serious consequences for your business. This is because you have different legal obligations to employees and contractors. It is a complex area, so it is best to get legal advice on whether you are treating your workers appropriately.

There are a number of factors that affect whether someone is classified as an employee or a contractor. These include the degree of control exercised by the employer over the hours worked and how the work is performed, the expectation of ongoing work, whether you provide tools or equipment, the method of payment, and leave entitlements.

This is often not a straightforward area to navigate, so we recommend having a lawyer review your particular circumstances to make sure you are meeting your obligations.

As part of this package, our lawyers will review your situation and advise on whether you are treating your employees and contractors appropriately under the law. They can also give you practical guidance on getting this distinction right and what to do if you are concerned you may not be compliant.

Submit an enquiry on this page or click 'Get started'. One of our legal consultants will review it within 1 business day and get in touch to understand what you need.

Your consultant will then email you a fixed-fee quote setting out the cost, scope and timing. If you're happy with it, you can accept the quote and sign our engagement letter online.

Once you've accepted, one of our Australian-qualified lawyers will work with you to complete your project. They'll contact you by email or phone if they need anything.

Your work is done by our Australian-qualified lawyers, who hold Australian practising certificates and specialise in business law. None of them are New Zealand lawyers or hold a New Zealand practising certificate.

Sprintlaw NZ Limited is a legal consultancy, not a law firm, and is not regulated by the New Zealand Law Society. We don't act in court or tribunal matters, conveyancing (including leases and business sales) or other reserved areas of work. Communications with Sprintlaw are unlikely to be protected by legal professional privilege. We still keep everything confidential under our engagement letter.