Published on : 04/10/2022 04 October Oct 10 2022
Using an independent contractor requires great care to avoid the reclassification of the relationship into an employment contract, as well as criminal liability.
DO: check that the contractor is duly registered as independent contractor and properly pays its social security contributions (legal duty to obtain the corresponding evidence when the contract is entered into and every 6 months);
DO: enter into written service contracts for a fixed term or for the performance of a specific task;
DO: pay a flat fee for an assignment or a product;
DO: establish a single contact person within the Company to act as a point of contact for the contractor, who will be made aware of the need to be vigilant with regard to the transmission of instructions (which must not be assimilated to instructions that an employer would give to his employee);
DO: Allow the contractor to organize his time and work schedule freely (even if deadlines can be set);
DO: allow the contractor to work for other companies;
DO: as far as possible, ensure that the contractor is not in a situation of economic dependence on the Company;
DO: provide a scope of work at the beginning of the assignment (without being so prescriptive as to prevent the Contractor from showing initiative and expertise);
DO: whenever possible, arrange for the contractor to work with its own equipment.
DO NOT: include the contractor in internal organization charts or documents;
DO NOT: provide with business cards in the Company's name;
DO NOT: provide with a badge (except for specific "external" badges);
- provide with an email address (when necessary, include the words "external" or "External Service Provider" in the email address);
- allow the contractor to use an electronic signature that is identical or virtually identical to that of the Company's employees (when necessary, include the words "external" or "External Provider" in the signature);
- compel the contractor to comply with time limits (except when required, such as when organizing a meeting);
- ask the contractor to justify his absences;
- validate the Provider's vacations;
- provide him with all the means necessary for the accomplishment of its mission (except safety equipment);
- pay the contractor according to the time worked;
- give very specific orders or instructions to the contractor in the performance of its mission;
- sanctioning the contractor;
- give him the benefits reserved for employees (e.g. preferential rate at the canteen);
- inserting an exclusivity clause in service contracts (except for a very temporary period, for the duration of a specific assignment and with specific justification).
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