Clarify Your Employment Status
Employee vs Self-employed person/contractor
- Having considered their respective aspirations and situations, different people may participate in the labour market either working for employers as employees, or providing service as self-employed persons/contractors for the purpose of achieving greater autonomy or getting more profits.
- In respect of differences in the rights and benefits enjoyed by an “employee” and a “self-employed person/contractor”, please click here.
- Common important factors should be considered when distinguishing an employee from a self-employed person/contractor. Reference court cases are provided for reference.
Points to note
- An employer should not unilaterally change the status of his employee to a self-employed person/contractor without the consent of the employee.
- If in essence there exists an employer-employee relationship, even though the worker is called a contractor or self-employed person or has been labelled as a self-employed person in the contract, the employer is still required to fulfil his responsibilities under the relevant labour legislation. The employer may be criminally liable in respect of the benefit items of relevant legislation.
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