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Independent Contractor
This guide explains who independent contractors are, how they differ from employees, the pros and cons of hiring them, and how to stay compliant, especially when working across borders.




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What is an independent contractor?
An independent contractor is a self-employed individual who provides services to clients under a contract for services rather than as an employee. Unlike traditional employees, independent contractors control how, when, and where they work. They are responsible for managing their own taxes, benefits, and business expenses.
Key characteristics of independent contractors
There are some key characteristics of independent contractors that separates them from other freelancers or other contractors. Here are some of these characteristics:
- Operate under a contract for services
- Provide their own tools and equipment
- Work independently with little supervision
- Manage their own schedules
- Invoice clients for work completed
- Pay their own taxes and social contributions
- Do not receive employment benefits (unless agreed upon contractually)
Who can be an independent contractor?
Anyone with a specific skill set or service offering can become an independent contractor. This includes:
- Developers and IT specialists
- Designers and creatives
- Writers, editors, and translators
- Marketing consultants
- Legal and financial advisors
Some countries may require contractors to register as sole proprietors or establish a legal business entity. Explore legal options with Native Teams.
What's the difference between an independent contractor and employee?
Feature | Independent Contractor | Employee |
Contract type | Contract for services | Contract of employment |
Supervision | Works independently | Works under direct supervision |
Taxation | Pays own taxes | Taxes withheld by employer |
Benefits | Not entitled | Entitled to benefits (e.g. holiday pay, health insurance) |
Equipment | Provides own tools | Employer provides tools |
Job security | Project-based | Continuous employment |
Legal and tax implications
Engaging independent contractors, whether locally or across borders, comes with important legal and tax considerations that businesses must address from the outset. These requirements vary significantly and failing to comply can result in fines, back payments, and reputational risk.
Contractual obligations
A written agreement is essential when working with independent contractors. This contract should clearly outline the scope of work, deliverables, timelines, payment terms, intellectual property rights, confidentiality clauses, and termination conditions. A well-drafted contract not only protects both parties but also helps establish the nature of the relationship, crucial when proving contractor status to tax authorities or labour inspectors.
Tax compliance
Independent contractors are responsible for managing their own tax affairs. This includes registering as self-employed (if required), issuing invoices, keeping financial records, and filing income tax returns. In some countries, they may also be liable for VAT or national insurance contributions. For businesses, it’s important to ensure that payments are correctly documented and that there is no tax withholding obligation unless required by local law.
Misclassification risks
The most common legal issue when engaging contractors is misclassification—treating someone as a contractor when they legally qualify as an employee. Authorities look beyond contract labels and focus on the actual working relationship. If the contractor works fixed hours, uses company equipment, reports to a manager, or is economically dependent on a single client, they may be deemed an employee. This can trigger penalties, unpaid taxes, and retroactive benefits claims.
Native Teams helps companies avoid these risks through compliant contracts, local legal support, and contractor status assessments in 85+ countries. Learn more about our tax and compliance solutions.
“Misclassification can lead to heavy penalties. It’s essential to get the working relationship right from the start.” – Legal Counsel at Native Teams
What are the advantages of hiring independent contractors?
One of the main benefits of hiring independent contractors is the ability to scale teams quickly and efficiently. Unlike full-time hires, contractors can be onboarded rapidly for specific projects or seasonal work, allowing companies to respond to fluctuating business needs without long-term commitments.
Hiring independent contractors also opens the door to a global talent pool. Businesses can engage experts from virtually any country without the need to set up a local entity or navigate complex employment laws. This enables international expansion while keeping overhead costs low.
From a financial perspective, working with contractors often results in significant cost savings. Employers are not required to provide statutory benefits such as paid leave, pensions, or health insurance, nor do they need to contribute to social security schemes. Contractors typically work remotely and supply their own equipment, reducing the burden on internal resources.
Another major advantage is access to specialised skill sets that may not be available in-house. Independent contractors often bring niche expertise or industry experience that can be leveraged for short-term needs, such as launching a product, entering a new market, or delivering a high-impact campaign.
So, in short, these are the advantages of hiring independent contractors:
- Flexibility in scaling teams quickly
- Access to global talent without setting up local entities
- Cost savings (no benefits or employer contributions)
- Specialised skills for short-term or project-based needs
“Hiring independent contractors helped us expand across three continents without the need for physical offices.” – Client testimonial from our Global Hiring service
What are the disadvantages of hiring independent contractors?
Despite the clear benefits, there are also potential downsides to relying on independent contractors. One of the biggest challenges is the reduced level of control over how, when, and where the work is performed. Since contractors operate independently, businesses cannot supervise them in the same way they would with employees.
Another disadvantage is the lack of long-term commitment. Contractors may move on to other projects at short notice, making continuity and knowledge retention difficult, especially in critical or sensitive roles. Unlike employees, contractors aren’t usually invested in the company’s mission or culture, which can affect collaboration and team dynamics.
In most cases, contractors are free to work with multiple clients simultaneously, unless exclusivity clauses are built into the contract. This means businesses may have limited say over a contractor’s priorities or availability, especially during peak project phases.
Finally, high contractor turnover can create ongoing recruitment and onboarding costs. It may also lead to inconsistent quality, miscommunication, and the need for frequent retraining, particularly if contractors are brought in on a rolling basis rather than retained long term.
In summary, the disadvantages of hiring contractors might be:
- Less control over work hours and methods
- Lack of long-term commitment or loyalty
- No legal exclusivity unless specified in contract
- Higher turnover and retraining costs
Challenges and risks of working with independent contractors
- Compliance: Differing laws across countries make cross-border hiring complex.
- Security: Protecting intellectual property or data access requires clear NDAs.
- Continuity: Contractors may leave mid-project or take on competing work.
Native Teams’ Employer of Record (EOR) service helps mitigate these challenges by providing local compliance and contracts.
How to determine contractor status?
Independent contractors in the global workforce
Contractor rules vary widely according to the country and local policies, here are some examples:
- UK: Must register as self-employed and submit annual Self Assessment tax returns.
- USA: Classified as 1099 workers; responsible for their own Social Security and Medicare contributions.
- Germany: Strict criteria; misclassification can lead to backdated taxes and fines.
- Philippines: Freelancers often register as sole proprietors with the Bureau of Internal Revenue.
Explore our country guides for local hiring and compliance:
- Independent contractors in the UK
- Hiring in the USA
- Freelancer compliance in Germany
Independent contractors and compliance platforms
Using a global contractor management platform like Native Teams ensures:
- Legally compliant contracts in over 85 countries
- Automated invoicing and cross-border payments
- Tax and reporting support
- Onboarding and identity verification
Discover our contractor management solution.
Key takeaways
- Independent contractors work on a self-employed basis under contract for services.
- They enjoy flexibility but must handle their own taxes and lack traditional employment benefits.
- Businesses benefit from hiring contractors but must manage compliance and misclassification risks.
- Using a contractor management platform ensures legal and tax compliance across borders.
FAQs about independent contractors
Is an independent contractor the same as a freelancer?
Yes, in most contexts, freelancers are considered independent contractors. However, freelancers typically work with multiple short-term clients, while contractors might have longer-term engagements.
Do independent contractors get benefits?
Not by default. Any benefits must be agreed in the contract. Employers are not legally required to offer holiday pay, health insurance, or pensions to contractors.
How are independent contractors paid?
They invoice clients directly and are usually paid upon completion of work milestones or at agreed intervals.
Can independent contractors work for multiple clients?
Yes, one of the defining features of independent contractors is their freedom to work with multiple clients simultaneously.
Are taxes deducted from an independent contractor’s pay?
No. Contractors are responsible for calculating and paying their own taxes, unless working through a platform like Native Teams that supports tax withholding.
Is hiring independent contractors legal?
Yes, but you must classify workers correctly. Misclassifying employees as contractors to avoid taxes or benefits can lead to legal penalties.