Do contractors become employees if they have to sign the same documents?

Question

Can we require contractors to sign our company's handbook, policy & procedure, and other informal employment documentation? Would this mean we are treating contractors as employees?

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Answers: 1 public & 0 private

B2b45128d6
Lawyer

Similar questions often pop up in Belgium practice. While the approach in the U.S. may of course be different, the signing of certain company documents (except for employment related documents) is the Belgian context not considered to be really decisive on whether the contractor remains to be seen a self employed or an employee. More important elements in this respect are number of companies for which the contractor works, stipulations in his/her contract that would be more typical for an employee-employer relationship, etc. To minimize issues when signing company documents, a good advice is to always stipulate the capacity in which the person signs the document, e.g. by adding "Self employed contractor", "Manager of [one man company]", etc. Hope this may help you.

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