Contractor Classification

What is Contractor Classification?

Contractor classification refers to the process of determining whether a worker is legally considered an independent contractor or an employee, based on the nature of the work and the level of control exerted by the company.

Misclassifying a contractor as an employee - or vice versa - can lead to serious legal penalties, tax liabilities, and reputational damage. Each country has its own criteria for classification, and U.S. companies working globally must comply with local labor laws, not just IRS rules.

How Contractor Classification Works

Classification depends on factors like:

• Level of control – Do you dictate how, when, and where they work?

• Exclusivity – Are they allowed to work for other clients?

• Tools and equipment – Do they use your resources, or their own?

• Integration – Are they embedded in your team structure?

Countries use different frameworks:

• U.S.: IRS 3-part test (behavioral, financial, relationship)

• UK: IR35 rules

• Germany: Dependency thresholds

• Canada: “Control and ownership of tools” test

SigmaRemote helps companies stay compliant by applying country-specific classification logic automatically during contractor onboarding.

Why Contractor Classification Matters

Incorrect classification can lead to:

• ❌ Fines, back taxes, and interest (e.g., IRS, local tax authorities)

• ❌ Liability for benefits like paid leave or severance

• ❌ Public lawsuits or platform bans (see: Uber, FedEx cases)

• ❌ Permanent establishment risk for global teams

Contractor classification is the legal foundation of remote hiring. If you get this part wrong, everything else. payments, taxes, contracts - may collapse later.

Example Use Case

A U.S. startup hires a graphic designer in France through SigmaRemote.
The system flags that the current contract includes fixed working hours and exclusive scope — which risks misclassification under French law.
SigmaRemote updates the agreement to reflect true contractor independence and removes risk.

Related Glossary Terms

• Employer of Record (EOR)

• Contractor of Record (CoR)

• Agent of Record (AOR)

• W-8BEN Form

• Misclassification Risk

Explore More

📘 [Avoid contractor misclassification globally →]
📘 [Compare EOR vs CoR: Which is safer? →]
📘 [How SigmaRemote classifies contractors by country →]