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The client's HR department has certainly got the wrong end of the stick, as there is no legislation that states that contractors or freelancers gain the right to demand permanent employment after two years. Contractors like Liam are business-to-business service providers.
The question of how long a contractor can work for the same company has a surprisingly simple answer. There is no maximum time limit. If a contractor and a company are both happy to continue working with each other then that's perfectly fine.
7 things you need to include in an employment contractLegal disclaimer.Job information.Compensation and benefits.Time off, sick days and vacation policy.Employee classification.The schedule and employment period.Confidentiality, privacy and responsibility.Termination, severance and survival.More items...?
Simply put, there is no time limit on how long you can work for one company as a contractor. When working for a company long-term it is important to take into consideration what your role there is and how it could be perceived from a tax perspective.
When you hire someone, they will be classified as either an employee, or an independent contractor. With employees, you'll have more control, but more compliance obligations. With contractors, you'll have less compliance obligations, but less control.
But in a strict sense, self-employed contractors do not have the rights and protections afforded to employees and workers. However, even if someone is described as being self-employed in their contract and pays tax as a self-employed person, they may in fact have 'worker' or, in some cases, 'employee' status.
Contracted workers are not technically employees since they provide services on a short-term or individual project basis. Also, unlike full-time employees, contract workers do not have to be offered employment benefits by the businesses that hire them.
All employment agreements are legally binding on the employer and, therefore, employers are best served by having them drafted and reviewed by an experienced employment law attorney. Contract law is a particularly complex discipline that relies largely on common law, which is law as developed by judges and court cases.
This is because employees are considered the most expensive cost to any company, and the most risk. Companies address these costs by hiring long-term contractors. When engaging a professional, a contract staffing agency takes on the risk, finances the employees' benefits, and matches all taxes.
An employee is on a company's payroll and receives wages and benefits in exchange for following the organization's guidelines and remaining loyal. A contractor is an independent worker who has autonomy and flexibility but does not receive benefits such as health insurance and paid time off.