What is an employee and what is a contractor? How do I tell them apart?
Updated 2026-09-19
Determine which one before paying:
Employee
- Near 100% direction: assigned and directed during working hours.
- Must be provided labor and health insurance (part-timers under 12 hours a week may skip health insurance).
- Salary income must be reported at year end. Record payroll monthly; we reconcile with you at year end.
Contractor (outsourced work)
- A freelancer with roughly 50% direction: delivers results by a deadline, but how the work is done is not directed, e.g. an outsourced design project.
- Paid and reported via a "service fee slip".
- No labor or health insurance required.
Misclassifying an employee as a contractor and later being found to have an employment relationship means back-charged labor/health insurance and pension, so judge carefully; ask us if unsure.