One of the most profound results of the Covid-19 pandemic has been the effect it has had on the composition of the workplace. Working remotely has forced employers to move to a task-based measure of labour production, as opposed to one which is time-based. This is because measuring task completion is more objective than paying people for their time and hoping the work gets done. This has led to opportunities for people who are working from home and completing the tasks given by their primary employer to take on additional work, as long as they can execute it all correctly and efficiently.
Being an independent contractor rather than an employee gives you the flexibility you need to explore your potential and maintain a healthy work-life balance. Being an independent contractor rather than an employee comes with many benefits: being your own boss is definitely a plus. You can also keep things fresh and exciting by using your skills and expertise to service multiple clients at the same time.
During the pandemic (and even before) we have seen companies make minor changes to employment agreements in an attempt to convert them into independent contractor agreements. Just because you change the name from “Employment Agreement” to “Independent Contractor Agreement” does not make it so! Doing so is bad for both the company and the worker: for the worker, it results in an imbalance where there is a high amount of protection for the company and burdensome obligations on the worker. For the company it could mean severe tax consequences and a dearth of protection normally afforded by contract workers.
Here are some of the issues we have come across with people who have negotiated an independent contractor agreement with their employer:
The above list is by no means exhaustive. A comprehensive contract review process will ensure that your independent contractor relationship suits your needs and that you are adequately protected from liability. The experienced lawyers at Grinhaus Law Firm can help review, draft and advise you on the independent contractor agreement and negotiate with the company. If you are planning on entering into an independent contractor relationship or have already starting negotiating, call or email us right away to give you peace of mind regarding your employment relationship.
PLEASE NOTE: THIS IS NOT INTENDED TO BE LEGAL ADVICE AND SHOULD NOT BE RELIED ON AS SUCH. IT IS IMPORTANT THAT YOU CONSULT WITH A LICENSED PROFESSIONAL TO ADDRESS THE NEEDS OF YOUR PARTICULAR CIRCUMSTANCES.