Casual workers

With the growth of insecure or “casual” working models, it is important to be clear about the employment rights of “casual workers”. There is a common misunderstanding that casual workers have no rights. But “casual worker” is a label, not a legal concept, and the rights of these workers will depend on whether the individual is an employee, a worker or genuinely self-employed, looking at each work arrangement.

There are two separate issues to consider when thinking about the employment status of casual workers. Firstly, what are the person’s employment rights while working — i.e. during each separate assignment, and secondly, do they have any rights while not working — i.e. between assignments.