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> the presumption by determining authorities seems to be in the 'employee' direction

Note that this is not done on a whim: these laws and interpretations were introduced because employers were systematically exploiting workers, hiring them as contractors just to work around their established rights.

And it works both ways, really: having a clearer set of rules reduces the risk for costly litigation when something happens.



> Note that this is not done on a whim: these laws and interpretations were introduced because employers were systematically exploiting workers, hiring them as contractors just to work around their established rights.

While this is the most common form of abuse, it is sometimes also used as a means of tax evasion by the employer, employee, or both.




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