international employment law firm alliance L&E Global

5. Conclusion

Companies are not limited in their choice to develop part of their activity on the basis of outsourced independent contracting solutions. The option to do this or to resort to a structure based on employee teams and organisation should be taken on the basis of the type of activity that the company is looking for. Whether it is focused on the availability of the workforce (more typical to resorting to employees) where the company
controls and governs the organisational and production structure, as well as the means that it considers should be applied to the activity or, on the contrary, is more focused on obtaining the results of the activity developed and organized by other entities. Nevertheless, considering the legal mechanisms that allow for re-qualification and the consequences of such re-qualification, resorting to employees disguised as independent contractors is not an advisable option.

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