3. How to Structure an Independent Contractor Relationship
a. How to Properly Document the Relationship
Independent contractor relationships should be recorded in writing and specifically describe the commercial or civil nature of the agreement.
If the services are to be provided personally, it should be specified that the contractor will perform under its own authority, not subject to a work schedule or reporting obligations to any representative of the beneficiary of the services. The contractor should use its own resources, for example office space, instruments, devices, tools, etc.
If the services are to be provided by an individual or legal person using its own employees, he or it shall be responsible for complying with all labour obligations, including social security and INFONAVIT. The contractor should also perform the services using its own material and financial resources, and operate under his or its authority.
b. Day-to-Day Management of the Relationship
The person receiving the services shall not give instructions or working orders to the contractor’s employees, or provide them with powers of attorney or any kind of representation such as business cards, working instruments, etc. in order to avoid any misconception about subordination between the person receiving the services and the workers of the independent contractor.