Tag archives: Independent contractor

Issues of employment status: pseudo self-employment and hidden personnel leasing in Germany

German labour law follows the “all or nothing” principle: Labour law regulations presume an existing employment relationship between employer and employee. If no such relationship exists, protective labour law regulations cannot be applied (with a few exceptions e.g. in the case of managing directors of a “GmbH” (limited company)). Assessing whether an employment relationship exists … Continue reading

Issues of employment status in France

France makes a distinction between those individuals with an employment status and independent workers. Under French employment law, an employee is defined as an individual who works pursuant to an employment contract (and under the subordination of the employing entity) and receives a salary in return for his or her services. Unlike an employee, a consultant remains … Continue reading

Singapore: Legal issues commonly faced by freelancers and self-employed individuals

An estimated 8 to 10% of Singapore’s existing workforce comprise freelancers and self-employed individuals.[1]  This percentage is likely to increase with the expansion of the gig and on-demand economy. In recent months, there has been increasing public concern as to the ‘employment’ rights and legal status of these freelancers and self-employed individuals. Are they employees … Continue reading

Absence of work-wages bargain crucial for Fair Work Commission in concluding that an Uber driver was not an employee

The Fair Work Commission (FWC) recently handed down a decision[1] which concluded that an Uber driver was not an employee for the purposes of the Fair Work Act 2009 (Cth) (FW Act), but an independent contractor, meaning that his unfair dismissal application was dismissed. The decision, the first of its kind in Australia, only increases … Continue reading

Working as a freelancer and as an employee for the same company

In Germany, the distinction between employees and independent contractors (also referred to as freelancers) is particularly important. For example, the question of whether a person is an employee or an independent contractor determines whether they are protected against unfair dismissal and also affects how they are treated for statutory social security and income tax purposes. … Continue reading

ContractorCheck Canada App

Employee or contractor? The ContractorCheck Canada application (App) is a practical tool developed by the Norton Rose Fulbright employment and labour team. It is designed to help employers accurately determine the status of their workforces and whether they should be considered contractors or employees. Defining employees versus contractors can be sometimes challenging; improperly classifying them … Continue reading

Continuing uncertainty in Australia – is a worker an employee or independent contractor?

The test for determining whether a worker is a contractor or an employee continues to trouble Australian businesses.   This is because there is no single factor which is determinative.  It is necessary to weigh all the relevant factors and consider the totality of the relationship between the parties. However in considering the various factors, a … Continue reading

Employee or independent contractor: too much of a good thing?

On July 15, 2015, the United States Department of Labor (DOL) issued a memorandum on “The Application of the Fair Labor Standards Act’s ‘Suffer or Permit’ Standard in the Identification of Employees Who are Misclassified as Independent Contractors.” After clarifying the distinction between an employee and an independent contractor and emphasizing that the Fair Labor … Continue reading

Checks and balances at work: Fifth Circuit reins in U.S. Department of Labor in Fair Labor Standards Act case

On July 2, 2015 the U.S. Court of Appeals for the Fifth Circuit held the U.S. Department of Labor (DOL) liable for an employer’s attorneys’ fees resulting from a bungled and abusive investigation of alleged violations of the Fair Labor Standards Act (FLSA). The facts of the case – Gate Guard Services, L.P. v. Thomas … Continue reading

Take the test! Are your contractors genuinely independent?

Norton Rose Fulbright’s ContactorCheck provides a preliminary assessment of whether your Australian worker(s) should be characterised as employees or independent contractors. The tool also points out the risks associated with incorrect characterisation. Importance of the issue Independent contractors comprise between 9% and 17% of the Australian workforce. The Australian Bureau of Statistics “Forms of Employment” … Continue reading

Employee or Independent Contractor? DJ Phat Joe’s dilemma

Local radio station, Kaya FM recently terminated its contract with controversial DJ Phat Joe (real name Majota Khambule).  It was the beginning of the end of the relationship between the parties when the content manager of the station sent a letter to Khambule, complaining of incidents of “gratuitous smut, sexual innuendo and partisan politicking”, in … Continue reading
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