answersLogoWhite

0


Best Answer

Basically an employee is TOLD what to do, how and when to do it. Is paid by the time doing it and has taxes taken out.

An independent contractor just completes the job, provides his own tools and does it when and how he wants it.

For more details go to then scroll down to the links for more details on independent contractor defintions

The UK

The situation concerning whether someone is an independent contractor or an employee has caused much debate in the UK courts. I have recently won a case involving legal argument on employee status. My arguments followed the principles outlined below.

Under a contract of service a person agrees to serve another - under a contract for services a person agrees to provide certain services for another. A contract of service is normally referred to as a contract of employment.

Contract of employment must contain three elements without which a contract cannot be regarded as a contract of employment:

  1. the contract must impose an obligation on a person to provide work personally
  2. there must be a mutuality of obligation between employer and employee
  3. the worker must expressly or impliedly agree to be subject to the control of the person for whom h works to a sufficient degree to make that person master.

Personal Obligation to provide Work

In Express and Echo Publications Ltd v Tanton[1999] IRLR

The Court of Appeal held that the power to send a substitute meant that this could not be a contract of employment. The irreducible minimum of a contract was for the worker to provide his services personally.

However, where a contract contains a limited power to delegate, that does not lead to an inescapable conclusion that it is not a contract of employment.

MacFarlane v Glasgow City Council [2001]IRLR7. EAT

According to the EAT in Macfarlane, the clause in Tanton allowing the worker to send a replacement was extreme. The worker in Tanton was not under any obligation to attend work. He was always entitled to send a substitute. In MacFarlane the worker was only entitled to send a replacement in the event that he was unable to attend work himself. Therefore the clause was of a far more limited effect and was not sufficient of itself to justify the conclusion that the contract was not a contract of employment.

Staffordshire Sentinel Newspapers Ltd v Potter [2004] IRLR 752

The EAT gave further guidance on the application of Tanton and MacFarlane. The critical question is what is the relevant express term; where there is no clear express term in writing then it may be necessary to look at the overall factual matrix in order to discern that term.

The decision of the EAT in McFarlane v Glasgow City Council, that a contract did not cease to be a contract for personal service simply because, in the absence of an express contractual term dealing with personal service or the use of substitutes, there was, as a matter of fact, a right to substitute in a limited sense, was entirely consistent with the ruling of the Court of Appeal in Express & Echo Publications Ltd v Tanton that an express right to provide a substitute was wholly inconsistent with a contract of service.

Mutuality of Obligations

This means that for the duration of the contract both the employer and the employee must be under a legal obligation to each other. (Carmichael v National Power PLC [2000] IRLR 43) The employee is under an obligation to provide labour for which the employer is under an obligation to provide payment.

Control

This does not mean that the work must be carried out under the employer's supervision, it requires that the ultimate authority over the worker in the performance of her work resides in the employer, so that the employee is subject to the latter's orders and directions.

I hope this is helpful.

I live in Virginia. I had to fight to get my workers comp benefits. There were four criteria which classified me as an employee versus an independent contractor.

1) I was told when to report to work

2) I was told when to quit my day's work

3) I was trained by the person who I worked for

4) They had the ability to fire me

It's not necessary for the person you are working for to take out your taxes. This can already be agreed upon between you and your employer.

If your employer fills out the invoices and you never do, chances are you are an employee.

User Avatar

Wiki User

12y ago
This answer is:
User Avatar
More answers
User Avatar

Wiki User

17y ago

The primary contractor is responsible for the entire project and coordinating the efforts of the subcontractors. The subcontractors are responsible for specific trades, such as Plumbing, heating, concrete or electrical. General contractors are more like managers and coordinators, but many have a crew of their own and perform some of the subcontract tasks. In most states, it is not legal for a general contractor to perform some of the specialty trade jobs, such as plumbing, electrical or heating.

This answer is:
User Avatar

User Avatar

Wiki User

15y ago

The site below is a good reference. In general, contractors provide project work, while vendors provide ongoing services. http://davidschrag.com/schlog/editorials/information-technology-consultant-contractor-or-vendor

This answer is:
User Avatar

User Avatar

Wiki User

9y ago

A subcontractor is a person hired by another company to perform specific tasks of project, which is often construction of some type. The difference is that a sub-consultant is a person that is contracted by a consultant to provide services to a client.

This answer is:
User Avatar

User Avatar

Wiki User

15y ago

The answer is in the title. A contractor is typically a builder or trades person who signs an original document for an original project with a client to perform a constructive task. The "sub" contractor than signs a contract with the contractor(now the "general" contractor with the addition of sub-contract(s)). If the trades person signs their contract with the client, than the client is acting as the "general" and taking on all associated risks(depending on contract stipulations).

This answer is:
User Avatar

User Avatar

Wiki User

14y ago

Term can be used interchangeable . A company can be a electrical contractor if they work directly for the owner of a project. That same contractor becomes a subcontractor when he works for another contractor. The other contractor may work for the owner of a project, but must subs the work to another contractor of which he would be then the sub contractor.

This answer is:
User Avatar

User Avatar

Wiki User

13y ago

In the legal context, an agent is some one who is authorized to act on behalf of another.

A contractor is a person who contracts to do work for another. A contractor is bound to honor a contract by performing whatever action(s) the contract specifies.

A contractor may act as an agent if so authorized by their contract.

This answer is:
User Avatar

Add your answer:

Earn +20 pts
Q: What is the difference between a subcontractor and sub-consultant?
Write your answer...
Submit
Still have questions?
magnify glass
imp
Related questions

What is the difference between a joint venture partner and subcontractor?

subcontractor join to main contractor to form joint venture but that venture is not partnership


What is the difference between a prime contractor and a subcontractor?

The prime contractor is contracted by the end customer. Sub-contractors are contracted by the prime contractor or other sub-contractors.


What are the difference between direct subcontractor and nominated subcontractor?

a nominated subcontractor, with various provisions for obtaining indemnities by the subcontractor (or Employer) but under the main contractor responsibility and coordination, or ** another contractor, which FIDIC provides the incumbent Main Contractor is required to give site access, etc, etc to but coordinated by the Employer My own understanding, very simply put is that a nominated subcontractor is actually a "normal" subcontract between Main Contractor and Subcontractor, BUT that the nominated subcontractor is selected by the Employer and price agreed with the Employer directly. That would mean that the Main Contractor has the accountability for the subcontractor, notwithstanding any indemnities. The Consultant has stated today that in their opinion: ** the nominated subcontractor is selected by the Employer and signs a contract direct with the Employer ** the Employer will secure assurances, bonds / performance sureties and warranties direct with the subcontractor, and ** that the Main Contractor DOES NOT sign a subcontract with the subcontractor ** that the main Contractor will not be held liable for certain specified warranties My understanding is that the Main Contractor still should sign a subcontract with the nominated subcontractor and assumes the responsibilities of a Main Contractor over the Subcontractor - though the Employer states that the Main Contractor has no liability specified warranty issues and quality (only). I would believe the Main Contractor still has a number of responsibilities in respect of the subcontractor and their general performance. The Consultant assures they have checked FIDIC and it is normal for the Employer to sign a subcontract direct with the Nominated Subcontractor. I would believe in that case it is not a "Nominated Subcontract", but instead a direct supplementary contract between the Employer and their Contractor (secondary contractor) Can you kindly advise quite simply, the contractual position of a nominated subcontract under FIDIC ...... ie does the Employer sign the contract / subcontract with the Nominated Subcontractor, or is it a subcontract between Main Contractor and Nominated Subcontractor with the normal (in general terms) obligations by the Main Contractor for the Subcontractor, to the Employer.


Can a subcontractor hire another subcontractor and put a lien on property if second subcontractor is replaced even with a signed contract?

A subcontractor can hire another subcontractor but can only put a lien on the property if the original subcontractor isn't paid. The lien can also be placed if the second subcontractor was not paid because of the original subcontractor was not paid. The replacement of the second subcontractor is not grounds for a lien.


What is the law to becoming a subcontractor?

From my understanding, their is no law for being a sub, just know the difference in employee and sub. that's it


Can you pay a subcontractor by the hour and still consider him a subcontractor?

yes


Is a subcontractor an employee?

Would NOT be a employee unless the subcontractor has a employer.


Where are subcontractor agreement available?

you can go to bistree .com for a subcontractor agreement that you need. They will assist you in your subcontractor agreement making and in everything you need.


Can a subcontractor for termite treatment on a Hollywood Florida home put a lien on the house when the contractor was paid in full but will not pay the subcontractor?

Not likely. There is no privity of contract between the homeowner and the subcontractor. The homeowner had an agreement with the general contractor, and that's the only person they have a duty to pay. The subcontractor can only pursue payment from the general contractor - to put a lien on the home would be to punish an innocent party - the homeowner. This is between the subcontractor and the general contractor, and there's no reason to bring the homeowner into this, since the homeowner doesn't owe the subcontractor anything.


How do you put subcontractor in a sentence?

I'll find a subcontractor to finish the job.


What is a subcontractor release of lien?

this is a waiver of lien by contractor, subcontractor, or supplier.


Can a subcontractor collect unemployment between jobs in Indiana?

Can a sub-contracter collect unployment in indiana