Employment question? Thats what i need guidance on. I am a driver, picking up and dropping off adult students travelling

Expert's Assistant chat

Customer: employment question?
JA: Was this discussed with a manager or HR? Or with a lawyer?
Customer: No
JA: Is the workplace "at will" or union? Is the job hourly or salaried?
Customer: thats what i need guidance on. I am a driver, picking up and dropping off adult students travelling approx 400kms per day
JA: The Employment Lawyer will be able to walk you through that. Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I am on a contract for service paid $200 plus 8% per day but drive a minimum of 6 hours per day

Answered by Chris The Lawyer in 8 hours 12 months ago

Chris The Lawyer

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Chris The Lawyer

41296 Satisfied customers

10+ years of experience

Chris The Lawyer

10+ years of experience

41296 Satisfied customers

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Chris The Lawyer, Expert

Hi My name is ***** ***** I am a New Zealand lawyer based in Wellingtonwith more than 42 years of experience. I am here to help with your questions.

Chris The Lawyer, Expert

I expect that you are aware that there is a difference between being an employee and being a contract . As a contractor you don’t have the same rights as an employee. Sometimes however, if your contract for services looks the same as an employment contract, and you are given specific directions as to the time and place of work, and you are provided with the means of transport for the people,In reality that would be an employment contract despite what

Customer

Hi
I have looked over my signed contract and it is actually a casual contract. I was initially given a contract for service contract but it was sent in error.My role is to pick up students from one location and deliver then to the employers office in the city up to 200kms away.I am required to make myself available to ferry the students around the city if needed.I am in the city with the students sometimes up to 8 hours before returning them home 200kms at the end of the day.The employer has expressed they may need to adjust my casual contract to where I will not be paid for the time I am waiting for the students to complete their training day (up to 8 hours wait).I am currently paid $200 for a day plus 8% h/pay.The daily drive only is a minimum of 7 hours PLUS the wait time and ferrying of students within the city limits.

Chris The Lawyer, Expert

You need to be careful about complying with the maximum number of hours which you can drive. If you can carry out this contract complying with the driving times, then you can do so. But your employer should pay for any waiting time. There have been cases about people on standby, which say that you should be paid for thatYou are waiting. So they cannot expect you

Customer

Is there a employment legislation I can refer the employer to? Also is there a requirement to pay at least the minimum wage ie if I work 13 hours in one day $200 would be below the minimum wage?

Chris The Lawyer, Expert

The Employment Relations Act has the law about work and the Minimum Wages Act also affects this

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