
Employee or Self-Employed?
The following are some tests which go to indicate whether a worker is an employee of a company, or is an independent contractor. They are not conclusive or complete. Each set of answers will differ, and according to the circumstances, the answers will have different significance.
- What does the contract say? How does it describe the relationship? Does it say anything about any of the following points.
- Is the contract signed by both parties.
- Are there any obvious separate reasons for avoiding employment status (wages below minimum level etc)
- Is this in an industry where the Inland Revenue have traditionally accepted or refused to accept self-employment?
- Is this an industry where it is common for people to work both as self-employed and as independent contractors?
- Must the worker follow company instructions as to how (particularly) and when, and where to work?
- Does the company provide training? Is there any provision for repayment or loan arrangement in respect of any training fees?
- How closely are the services integrated within the company?
- Must the services be provided personally? Can the worker sub-contract?
Does the worker provide alternative cover for holidays and sickness?
- Where the work requires further assistance, who provides this?
- Is there a continuing relationship between the company and the worker where work is performed at intervals?
- Does the company set the work hours and schedule?
- Must the worker devote substantially full time to the business of the company?
- Does the worker perform services on the company's premises?
- Must the worker submit oral or written reports to the company?
- Is the worker paid by the hour, week, or month?
- Is the worker paid on invoice?
- Does the company pay the business or travelling expenses of the worker?
- Does the company furnish significant tools, materials and equipment?
- Does the company have the right to fire the worker?
- Can the worker quit without incurring a liability to the company?
- Does the worker have a significant investment in tools or facilities?
- Does the worker keep a profit or loss account?
- Does the worker provide services to several companies at the same time?
- Does the worker regularly advertise or make his or her services available to the general public?
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