Unfair deactivation for employee-like workers

You are protected by law from unfair deactivation if:

• you are an employee-like worker, and
• you perform work:
  • through a digital labour platform (for example, an app or website used to get work), or
  • under a services contract arranged or managed (facilitated) through a digital labour platform, and
• you have been working regularly for at least 6 months, from 26 August 2024.

Note:  To be able (eligible) to apply to us: 
           • your deactivation must have happened on or after 26 February 2025, and
           • your annual earnings must be less than the contractor high income threshold.

Employee-like workers perform paid work through a digital labour platform. They are not employees. To be an employee-like worker they must have at least 2 of the following:

• low bargaining power
• pay at or below the rate received by an employee doing similar work  
• a low degree of authority over the performance of work. 

You have been deactivated from a digital labour platform if:

• you performed work through a digital labour platform
• the digital labour platform operator changed, suspended, or terminated your access to the digital labour platform, and
• you are no longer able to use the platform for work.

The Digital Labour Platform Deactivation Code sets out a process for digital labour platform operators to follow when they are considering whether to deactivate an employee-like worker.

They must follow the Code if:

• you are protected from unfair deactivation
• the deactivation is because you cannot do the job (capacity) or you have behaved badly (conduct).

They do not need to follow the Code process if the deactivation is because of your serious misconduct. 

The Code deals with things like:

• when is work performed on a regular basis
• matters that are or might be a valid reason for deactivation
• processes for deactivation
• the right of response, and
• communication between the employee-like worker and the digital labour platform about deactivation.

If we decide a deactivation wasn’t consistent with the Code, we can then consider if it is unfair.

To decide if your deactivation is unfair we will consider:

• whether there was a good (valid) reason for the deactivation because you could not do the job (capacity) or you behaved badly (conduct)
• whether any processes in the Digital Labour Platform Deactivation Code were followed, and
• anything else that we think is relevant.

A deactivation is not unfair if:

• it was because of serious misconduct, or
• your access to the digital labour platform was changed or suspended for 7 business days or less, and we believe (are satisfied) that the digital labour platform operator had good reason (reasonable grounds) to believe that:
  • it was necessary to protect health and safety
  • you behaved fraudulently or dishonestly (you cheated or lied)
  • you don’t have the right license or accreditation
  • the deactivation happened so the digital labour platform could investigate a reason listed above, or to refer any of the above matters to a law enforcement agency (like the Police).

If we decide that:

• you are protected by law from unfair deactivation, and
• you have been unfairly deactivated

we may order the digital labour platform operator to reactivate you.

We may also order the digital platform operator to pay you any money you lost because of the deactivation.

We cannot order that you be paid compensation instead.

You can find out more about the process for unfair deactivation claims.

To apply: Form F89 – application for unfair deactivation (for regulated workers)

You must apply within 21 calendar days after the deactivation. We can sometimes extend this if there are exceptional circumstances.