Labor Law

Briefer: Independent Contractors

Independent contractors, often referred to as freelancers, are governed by a distinct legal framework compared to traditional employees.

An independent contractor is a self-employed individual who provides services to clients under a contractual agreement. Unlike employees, independent contractors have the freedom to determine how and when they complete their work. They are typically compensated based on project completion rather than receiving a fixed salary.

In the Philippines, independent contractors are primarily governed by the Civil Code rather than the Labor Code, which focuses on employee rights. This distinction means that independent contractors do not enjoy the same protections as employees, such as minimum wage laws or mandatory benefits like overtime pay and 13th-month bonuses. Instead, their rights and obligations are dictated by the terms of their contracts.

Misclassification of workers can lead to labor law violations. For businesses hiring independent contractors in Cebu City, Philippines,  it is crucial to draft clear agreements that comply with local regulations while outlining the contractor's responsibilities and rights. Understanding these legal nuances helps foster a fair working environment and mitigates potential legal risks.

Disclaimer:
This article is for informational purposes only and should not be considered legal advice. For specific guidance on labor law concerns in the Philippines, consult with a legal professional.

Padin & Partners Law Offices is a full-service law firm that caters to labor law concerns involving independent contractors in Cebu City, Cebu, Philippines. For consultations: book an appointment or send us an email at admin@padinlaw.ph 

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