FieldQuo
Glossary / Contracts and the law

Employee vs. subcontractor

Also called: Worker classification, Independent contractor status

Whether someone who works for you counts in law as your employee or as an independent business you hired. The line is drawn by law rather than by what the paperwork calls the arrangement, and the test differs by country, province and state — so the same working relationship can be classified one way at home and the other way across the border. Getting it wrong is expensive in back taxes, premiums and penalties, and it is decided after the fact by an authority looking at how the work actually ran. This is a question for your accountant or a lawyer where you operate, not for a glossary.

This one depends on where you work

The rule behind employee vs. subcontractor is set by the province or state the work is in, and the versions do not agree with one another. We have described the shape of it and deliberately not named a deadline, a cap or a percentage — check the rule where you work, or ask someone who practises there.

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