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
imglogo
Chris The Lawyer
10+ years of experience
logo

41296 Satisfied customers

Expert in: Family Law, Legal, Estate Law, Real Estate Law, Criminal Law, Employment Law, Business Law, Consumer Protection Law, Bankruptcy Law, Traffic Law, Personal Injury Law.

logoBack
logologo
Chris The Lawyer
logo
logo
41296 Satisfied customers
logo
10+ years of experience
imglogo
Chris The Lawyer
10+ years of experience
logo

41296 Satisfied customers

Jessica

Jessica

Consultant

31,131 Satisfied customers

Pearl avatar
Lawyer's, Assistant
116 Lawyers are online right now.
img

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.

img

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.
img

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?
img

Chris The Lawyer, Expert

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

Ask a lawyer and get your legal questions answered.
See all Legal Questions
img
How it works
logoAsk for help, 24/7
Ask for help, 24/7
Members enjoy round-the-clock access to 12,000+ verified Experts, including doctors, lawyers, tech support, mechanics, vets, home repair pros, more.
logoExpert will respond in minutes
Expert will respond in minutes
After you reach out, we match you with an Expert who specializes in your situation. Talk, text, chat, whichever you prefer.
logoSave time & money
Save time & money
No scheduling hassles, missing time from work, or expensive consults.
A JustAnswer membership can save you significant time and money each month.
img
logo 593 Verified lawyers, 10+ years of experience
DISCLAIMER: Answers from Experts on Askalawyeroncall.com are not substitutes for the advice of an attorney. Askalawyeroncall.com is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response as proposing specific action or addressing your specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances should be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on any information received from an Expert, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains. The responses above are from independent, freelance Experts, who are not employed by Askalawyeroncall.com . The site and services are provided “as is”. To view the verified credentials of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service.
Explore law categories
Powered by JustAnswer