An employee is an individual that an organization hires to make their work done and promises to pay a salary by a contract paper. And the authority who hires is called an employer. Generally, the employer takes applications and interviews to hire employees. And various law terms are there while hiring and attending the job, employment law, labor law, compensation law, and many more.
Usually, an employment lawyer fixes the law terms between employees and employers, like harassment at the workplace, termination wrongly, or misleading the contract. Today our focus point is ‘Independent Contractor VS Employee.’
Under a written agreement, a person or a business organization promise to provide goods or services is an independent contractor. The agreement could verbal as well. The characteristic of an independent contractor is,
- Independent contractors do not have to work regularly; all they need to do is fill up the employer’s requirement.
- A contractor can work for one or more organizations at the same time. There is no boundary regarding this.
- While taking the project, a contractor asks the employer for the material he needs. Otherwise, the contractor uses his resources and can charge for this.
- Generally, a contractor determines the way of work or to accomplish the aim. The employer does not have to show the path to work. In some cases, both employer and contractor can work together depending on the project.
- The agreement between an employer and a contractor consists of the total payable amount and the payment system, whether the employer is about to pay after the project, or based on the percentage of work done.
- Break of the agreement, contractor or the employer can sue in the court against the agreement breaker.
- A contractor can determine the work’s place, depending on the project he has agreed to accomplish. He can work from home or his office if the job is intellectual, but if the job is on the employer’s workspace, he has to work from there for the period mentioned in the contract.
- When the time for paying the tax comes, an independent contractor cannot rely on the employer. He has to pay the taxes on his responsibility. And the employer’s tax would not impact the contractor as well. Both of them have to pay their taxes according to the law.
- A contractor and an employer professional relationship end with the accomplishment of the project.
Employee means that person or persons an employer hires for their organization’s work. The characteristics of an employee are,
- Generally, based on a contract paying the monthly or weekly salary, employers hire the employees. Unlike the independent contractor, employees have no option to make any project work.
- An employee has to attain the workplace regularly and work for the organization from time to time. Here, there is no independence of an employee.
- An employee uses the employer’s resources like workspace, tools, and electronics. Employees do not have to use their instruments.
- An employee has a boundary when he thinks of working for more than one employer. Typically, an employee can take a part-time job if he gets the opportunity after his first job and the employer’s consent. Thus proves, an employee cannot work for more at the same time.
- Unlike contractors, since there is no project type job, an employee maintains a long term relationship with the employer. According to the law, even if he thinks to resign, he has to inform around two months earlier, and the same goes for the employer. This action stops the wrong termination of fact.
- Employer designs the working strategies and after implementing employees of that organization has to follow those strategies.
- The employer usually evaluates employees’ performance according to the standard. And the employer coins the standard.
Eventually, the fact is that perhaps a contractor and employer relationship is not as bound as employees and employers; still, support from an attorney is quite pleasant for a better and more sustainable agreement.
Personal Injury Lawyer
Another vital type of lawyer is a personal injury lawyer. If you are a victim of a car accident, injured because of slippery surface or injured by anyone’s misconduct, this type of lawyer is all you need to sue in the court. But there is a confusing part of the law, that is, getting the injury at contraction site or working place is not a part of personal injury, and the law and the types of a lawyer for this case is different. Some might mix the terms and go in the wrong direction.
Other than these, there are more types of lawyers available. Like estate lawyer, worker compensation lawyer, bankruptcy lawyer, medical lawyer, an immigration lawyer, and many more. If you are looking for a lawyer’s assistance, at first, you need to determine which type of lawyer your case needs, then go for it.