i'm not sure what you mean. do you have some reference to point to that says a "contractor" can't be expected to not sub-contract or work in a particular place and time? i'm honestly curious.
You don’t get to enforce when and where a contractor works. They can perhaps agree to it to keep a good relationship, but they are not obligated, and if they change their mind the only thing you can do is fire them.
You also don’t get to choose how they do their job. If they agreed to do something for a given price, they can do it how they see fit, even hiring a subcontractor. Don’t like it? Don’t hire them.
If you want control of both of those things, you want an employee. Now, there’s plenty of contractors that will behave like employees for you, if it gets their foot in the door, but if the IRS finds out you could be in trouble.
> You also don’t get to choose how they do their job. If they agreed to do something for a given price, they can do it how they see fit, even hiring a subcontractor. Don’t like it? Don’t hire them.
So, if I want to contract Beyonce to sing at my wedding, I need to make her my employee or she can legally send someone else to do it?
No that's the same as requiring software to be written in Java. That's allowed as you have a business interest. But banning a contractor to use additional employees/subcontractors for their work is not your business, unless it's an employee. Sensitive information can restrict this but you wouldn't send those to a contractor anyway, in this case they'd likely work in-house.
thanks, but i'm hoping for something more specific. like a us code or something. i'm skeptical that you're speaking to something that actually exists, but i'm happy to see evidence of what you're talking about.
> You don’t get to enforce when and where a contractor works.
i'm not sure what you mean by "enforce" exactly, other than perhaps you mean to say a contract is not allowed to stipulate that, for example, a contractor work during the day to coordinate with others, or work on-site to handle materials in a secure location, or not hand privileged or sensitive data over to unknown random people.
> Where do you work?
at a large company that has both employees and contractors.
He's talking about the actual definition of contractor according to US law. If a person does not have the right to choose how, where, when, and by what means the work is done, they're not a contractor.
this is interesting heuristic guidance on taxes, but this doesn't describe labor or contract law, as far as i can tell.
your link even notes:
> There is no “magic” or set number of factors that “makes” the worker an employee or an independent contractor, and no one factor stands alone in making this determination. Also, factors which are relevant in one situation may not be relevant in another.
> “You are not an independent contractor if you perform services that can be controlled by an employer -- what will be done and how it will be done, the IRS rule says. “This applies even if you are given freedom of action. What matters is that the employer has the legal right to control the details of how the services are performed.”
Personally, I wouldn’t talk too loudly about how I want contractors to behave like employees.