this post was submitted on 15 Oct 2023
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How is being a contractor relevant here? A normal employee could say exactly the same things
Yeah and a normal employee can actually be fired. But independent contractors are usually on completely different contracts so unless the contract actually says they have to start at 9:00 a.m. they don't have to do anything. Refusing to start at 9:00 a.m. is not a breach of contract like it would be for an employee.
I'm a contractor because the company that I contracted for is far too cheap to actually pay full-time staff, I tend to get in around 10am ish (although one time I started at 4:00 am because for some reason I had loads of energy and couldn't sleep but then I finished it like 11am so I still did short hours).
As long as a contractor does the work there isn't really much else they can complain about unless the employer puts other stuff into the contract. It sounds like in this case they didn't.
In the US requiring a schedule is one of the factors that's considered when determining if a contactor should be an employee. Other factors include if you're telling them how to do the job, or who provides the equipment. You can get in trouble if you're hiring people as contractors that should be employees.
https://www.irs.gov/businesses/small-businesses-self-employed/independent-contractor-self-employed-or-employee
And get fired without pay. Contractors have some problems of their own, but their contract usually guarantees a certain amount of pay and if they're any kind of smart, specific job duties.
I mean, only if you live a country that hates people and refuses to pass any laws about worker protection. If a dutch employer wants to fire you for "Not doing things that aren't in your contract", they're going to have to a hard time.
Even in the USA I don't think that companies can get away with that.
I have worked for US employers and they are generally aware that contracts are somewhat more enforced than worker rights.
That's what I said. Contracts protect their named contractors. It's the regular employees who would get fucked here.
Ah, I kinda meant that in places with proper employee protection, everyone has a contract.
If only everywhere were so fortunate.
Independent contractors, by definition, control their own hours and method of work. If a company tries to control their work, the contractor is actually an employee. This matters because companies have to pay FICA taxes for W2 employees, but not for 1099 contractors. It's a type of tax fraud called employee misclassification that the IRS has been cracking down on.