I think I could be an employee not a contractor

Employees and contractors have different minimum rights and entitlements. Sometimes a business may tell or represent to a worker that they are a contractor, when they’re an employee.

Check what you can do if you think you’ve been incorrectly classified as a contractor.

On this page:

Information to get you started

Working out whether someone is an employee or an independent contractor (contractor) can be hard. There are some things you need to know before you start.

You’ll need:

Tip: Know who a contractor is

A contractor is someone who works for themselves and provides services to another person or business. Contractors and employees don’t have the same rights and obligations.

Learn more at Independent contractors.

Find out if you’re an employee or a contractor

Whether a worker is a contractor or an employee depends on a number of factors. These include:

  • the amount of control the business has over how work is performed
  • who holds financial responsibility and risk
  • who supplies the tools and equipment
  • the worker’s ability to delegate or subcontract work
  • how hours of work are set
  • any expectation of work continuing indefinitely.

You also need to consider the terms of the contract.

For more information, visit How to confirm if someone is a contractor.

Tip: Legal help to work out whether you’re an employee or a contractor

We (the Fair Work Ombudsman) can’t decide if someone is a contractor or an employee. We can only give information and advice to help you make this assessment.

If you need confirmation that you or someone else is a contractor or an employee, you should consider seeking legal advice. Find out how at Legal help.

Other types of contractors

Some contractors have special laws that apply to them, including minimum standards for pay and conditions. These contractors are called regulated workers.

A contractor is a regulated worker if they are:

  • an employee-like worker doing digital platform work (for example, work in the gig economy)
  • a regulated road transport contractor who works in the road transport industry.

For more information, visit Regulated workers.

If you think you’re an employee

If you think you’ve been incorrectly treated as a contractor and should be an employee, then you might not be getting the right minimum employment entitlements.

For information on what an employee gets, you can:

Have a conversation

Sorting out the problem can sometimes be done by talking first.

Arrange a time to talk about your concerns. To help you get ready for the discussion, we have online courses to help you prepare for difficult conversations.

If you’re still unable to fix the problem and need help, you can contact us.

Further support

Knowing whether you’re an employee or a contractor can be complicated to work out. You may want to get legal advice if you’re having difficulty working out these issues.

For information about where you can get legal help, visit Legal help.

Sham contracting

Sometimes a business or person may tell or represent to a worker that they are an independent contractor (contractor), when in fact they’re an employee of the business.

This may be a sham contracting arrangement, unless the business can prove that they reasonably believed the employee was a contractor.

It’s illegal to represent to a worker that they’re a contractor when the business doesn’t reasonably believe this.

For more information, visit Sham contracting.

Help for business owners

Business owners may also choose to seek further advice to help them make correct decisions. Eligible small business owners can use our free and tailored written advice from our Employer Advisory Service.

Find out if you’re eligible by visiting Employer Advisory Service.

Tools and resources

Related information