All workers in NZ have a statutory right to seek a declaration of their true employment status. Any written contract in play between parties is not definitive of the true nature of the relationship. Worker status determines one’s access to various statues such as Minimum Wages Act, the Holidays Act, the Wages Protection Act, the Parental Leave and Employment Protection Act, the Employments Relations Act (ERA), and therefore various personal grievance entitlements. An independent contractor has no access to these entitlements provided by statue. Many employment rights and entitlements are created by statue and the ERA does not permit contracting out of those obligations. Section 6 of the ERA defines an employee and requires ‘an analysis of the particular relationship, between the particular parties, in the particular circumstances, at the particular point in time the issue raises for consideration.’ Any person working under an independent contractor agreement who believes they have morphed into being an employee should contact The Advocate for legal assistance and advice on their options for seeking a determination on the actual status of that relationship.