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Your rights as an independent contractor in New Zealand

As you are not covered by employment laws you may be wondering what rights you may have.

As an independent contractor on Mycare, you are not covered by usual employment laws (Employment Relations Act) that cover areas like sick leave, holiday pay or tax payments. 

That said, you are still covered by standard health and safety at work laws, privacy laws and the Human Rights Act 1993. 

Health and Safety at Work

Heath and safety laws apply to any "person carrying on a business or undertaking", this statement includes contractors. This act covers areas such as maintaining a risk-free work environment, safe systems and equipment and much more.  

Read more here:

As a contractor on Mycare you and the client/organiser you work with hold the responsibility for managing a safe work environment (as you are your own boss and manager). With this said, Mycare can always give guidance and support. We take any feedback/reports of unsafe work environments or roles seriously and we will monitor and remove listings as needed. 

Privacy Laws

Covers the privacy of your information and your rights to access it. Includes rules on when people collect information about you, requirements about storing information and much more 

Read more here: Community Law - Privacy and Information

Human Rights Act 1993 / Anti-discrimination Laws

These laws cover discrimination because of race, colour, nationality or ethnic origin, sex or sexual orientation, marital or family status, age, religious beliefs, political opinion or disability.

Read more here: Community Law - Discrimination

Please note there are some exceptions to the above when it comes to certain roles, which most Mycare roles do fall under. 

  • Jobs in private homes – (eg; a job as a housekeeper, support worker), you can be declined roles/opportunities on the basis of sex (gender), religious or ethical belief, disability, age, political opinion, or sexual orientation.
  • Genuine qualifications – You can be discriminated against on the basis of your sex or age if this is a genuine requirement for the job – for example, hiring bar staff (who must be 18 or older) or hiring an actor for an acting job.
  • Privacy – You can be declined roles/opportunities on the basis of your sex or gender if the job is one where privacy needs to be protected (for example, a job as a support worker doing personal care).

Read more here: Community Law - Discrimination - Jobs and Employment

If you feel you have been unfairly discriminated against, you can contact the Mycare team for support or see further support options below: