A very interesting, high level overview, on the differences between employees and independent contractors in various jurisdiction.
What I noted was that in most countries the Courts look at the reality of the relationship between employer and contractor to determine its true nature. That’s exactly what New Zealand has fixed in statute with the Employment Relations Act. However, some countries have also adopted the (very) pragmatic view that sometimes a clear distinction between employee and contractor does not work anymore. In those countries, contractors who are dependent on
the employer and do most of their work for them (+75%) are still contractors, but enjoy additional protection. For instance, Canada (“dependent contractors”), gives them the right to additional notice; Spain grants them extra leave per year.
Also noteworthy is Israel’s approach to already agree on possible damages when entering into the agreement in case a Court later finds the contractor to be an employee. That is really smart and fitting for such a business savvy country.