HRIR302 - Managing Employment Agreements

Essay Question:

Topic:  The nature of work in New Zealand has seen many changes over the years. Most recently, rapid expansion of the ‘gig’ economy and the use of online platforms which match workers to customers have focused attention on the on-demand economy as the brave new frontier of the future of work. The question arises, though, whether gig and platform workers are independent contractors, as they are frequently labelled, or employees under the law. While they may operate their own businesses and may use their own equipment, gig and platform workers often depend on one company or client for all or most of their income and have little control over their day-to-day work. Hence, these workers may be as vulnerable to poor working conditions as employees, yet they lack statutory protections against unfair treatment in employment and unjust dismissal, effectively making them ‘at-will’ employees.

What do you think? Should dependent contractors be governed by the existing employee-independent contractor dichotomy, or should a new category of worker with only some employment rights and protections be created for ‘dependent contractors’? Why or why not? Discuss and support your arguments with evidence derived from your researching (i.e., not simply by regurgitating lecture notes) of this topic.