Am I really a contractor?
Many people are told they are contractors when, in law, they are employees. The label in your contract does not decide it. The Industrial Court looks at how the work actually happens.
Signs you may be an employee
- Your employer sets your hours and tells you how to do the job
- You use their equipment, uniform or premises
- You work only for them, and cannot send someone else in your place
- You are paid a regular amount rather than against invoices
- You have worked there continuously for a long time
What a genuine contractor does not get
- No severance if the work ends (the Retrenchment and Severance Benefits Act excludes independent contractors)
- No route to the Industrial Court through a union for unfair dismissal
- No employer NIS contributions, so no NIS sickness, maternity, injury or retirement benefits from that work
- No paid leave, overtime or minimum wage protection unless the contract gives them
What to do
- Keep your contract, invoices or payslips, messages and a note of your hours
- If you think you are really an employee, get advice from a trade union, the Ministry of Labour's Conciliation, Advisory and Advocacy Division, or an attorney
- Act quickly if the work has ended: dismissal disputes must be reported within six months
Last reviewed: October 2026
General guidance only, not legal advice.