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Avoid employee misclassification risk

Governments are tightening up rules on employment misclassification and imposing fines that could seriously affect your business. You should understand these risks so you can proactively protect your company’s legal standing in every country where you employ workers.

Try our free employment misclassification tool to confirm whether your workers have been assigned the correct status.

How high is your employee misclassification risk?

Use our free employee misclassification risk calculator to assess your level of risk — and learn steps you can take to address it. We don’t ask for personal or financial details, and your responses won’t be shared.

1

How long is the contractor engaged by your company?

2

Can the contractor set their own work hours?

3

Does the contractor have full autonomy over how they complete tasks?

4

Are contractors paid the same rate as employees for comparable services?

5

Do you provide contractors with benefits, such as health insurance, paid time off or remuneration for professional liability or other insurances?

6

Does the contractor have the same level of access to the company’s internal systems as employees?

7

Does the company supply the contractor with equipment for their work?

8

Can the contractor delegate work to subcontractors or their own staff without prior approval?

9

Does the contractor supervise employees or other contractors — for example, reviewing work or managing performance?

10

Does the contractor perform contracted work for other companies as well as for yours?

11

If the contractor receives performance feedback, are they handled the same way as employees — for instance, put on a performance improvement plan?

12

Does the contractor attend company events that are for employees only?

13

Does the contractor arrange their own professional liability and other personal insurances?

Misclassification risk calculator

Low risk

From your answers, your misclassification risk appears low. Have you thought about converting contractors to full-time employees? Remote can help.

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Misclassification risk calculator

Medium risk

You might be misclassifying contractors under local laws in some countries, which could expose you to fines, penalties and legal disputes. Have you considered converting contractors to full-time employees? Remote can help.

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Misclassification risk calculator

High risk

You are likely misclassifying contractors under local laws in some jurisdictions, putting you at risk of fines, penalties and legal action. Have you considered converting contractors to full-time employees? Remote can help.

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Frequently asked questions

Employee misclassification describes when someone who should be recognised as an employee is labelled otherwise, commonly as an independent contractor.

This misclassification can stop people getting employment benefits and protections — for example, health insurance, workers' compensation and unemployment insurance. It can also affect the employer’s tax obligations, including payments like Social Security and Medicare taxes

Contractor arrangements suit temporary roles when you need specialist skills or extra capacity for short-term projects.

However independent contractors should not be treated as long-term permanent staff, lead major initiatives, or supervise others if you want to reduce misclassification risk.

Independent contractors run their own businesses, set their own hours and methods, and are not subject to the same degree of control by the hiring company as employees are.

The content on this page is not legal or professional advice and should not be relied on as such. We recommend obtaining legal or professional advice before making any business decisions based on the material here. We reserve the right to change, update or remove the information on this page without notice. It is your responsibility to check for updates to ensure you have the most current and accurate information.