3. How to Structure an Independent Contractor Relationship
a. How to Properly Document the Relationship
It is recommended to draft a written agreement. This agreement should take into consideration the general criteria provided by the Act, as described above. In other words, it should be clearly stipulated, for example, that the worker is free to organize his/her work and his/her working time. The relationship should be structured in such a way as to include as many independent factors as possible, while avoiding elements specific to a subordinate relationship. The written agreement will play a significant role in establishing the nature of the relationship. In addition, it is recommended to include specific clauses such as termination provisions.
b. Day-to-Day Management of the Relationship
The management of the day-to-day relationship must be consistent with its contractu-al qualification. Therefore, exercising close control on the work performed and giving detailed instructions must be avoided. Only general directives should be transmit-ted from the principal to the individual. The principal should give the worker as much independence as possible.
For example, in a decision of 6 December 2010, the Court of Cassation ruled that monitoring the quality of work is allowed. However, such control cannot go beyond a standard control of the quality of the delivered work and must stay in line with the independent qualification of the relationship. This implies that only the result can be controlled.
In its decision of 10 October 2016, the Court of Cassation ruled that the ability of one party to discipline or sanction the other party, renders the independent nature of the cooperation between those parties impossible.