What distinguishes employees from self-employed individuals according to law?

The distinction between employees and self-employed individuals is primarily determined by legal tests that establish employment relationships. These tests examine various factors such as the level of control exercised by the employer, the degree of integration of the worker into the employer's business, and the mutual obligations involved in the work arrangement.

For instance, if an individual works under the direction of an employer who sets the terms and conditions of their work, that individual is likely classified as an employee. In contrast, self-employed individuals typically have more autonomy regarding how and when they work and may operate their business independently. The application of these legal tests provides clarity on the rights and responsibilities of each party, ensuring proper classification for tax, employment rights, and liability purposes.

In contrast, while aspects such as health benefits, job security, and salary evaluations may often be associated with employment, they do not serve as definitive legal criteria for differentiating between employee and self-employed statuses. Instead, the primary focus remains on the nature of the working relationship as established by law.