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Contractors do not fall under most general employment legislation such as the ERA and the Holidays Act 2003, meaning they do not need to have a written employment agreement, and are not entitled to minimum wage or other employment entitlements, such as paid statutory holidays or sick leave.
An independent contractor is not an employee; therefore, he's not paid through the payroll. As a small-business owner with both employees and independent contractors, it is important that you know the differences between the two.
If you work for an employer, you're an employee. If you're self-employed, you're an independent contractor.
If a person is truly an independent contractor (meaning they meet all three elements of the three part test), then the wage and hour laws are not applicable. This includes minimum wage, overtime, and rules for the timely payment of wages under the Massachusetts Wage Act.
Simply put, being an independent contractor is one way to be self-employed. Being self-employed means that you earn money but don't work as an employee for someone else.
Some general protections provided under the Fair Work Act 2009 extend to independent contractors and their principals. Independent contractors and principals are afforded limited workplace rights, and the right to engage in certain industrial activities.
Self-employed people are those who own their own businesses and work for themselves. According to the IRS, you are self-employed if you act as a sole proprietor or independent contractor, or if you own an unincorporated business.
Simply put, being an independent contractor is one way to be self-employed. Being self-employed means that you earn money but don't work as an employee for someone else.
The law does not require you to complete a contract with your self-employed or freelance workers - a verbal contract can exist even when there is nothing in writing.
The most common contractor payroll form is the 1099-MISC, which you're required to file if you pay a contractor more than $600 in a year. This can be a chore for the small business owner, as it means manually sending each contractor you hire their respective 1099.