Re: test applied objectively
"Beyond that, it is up to the contractor to decide how a project gets done, using what methods, what tools, what manpower, exactly daily scheduling, etc. Sure, the person employing the contractor can make requests or demands but the contractor is not obligated to follow those"
The client will have standards to work to, possibly even regulatory. On delivery the product is going to have to fit into the wider environment of the client and to do so may have to have been completed using the client's preferred methodology. None of this should determine whether the contractor is an employee or not - it's just a matter of meeting professional standards.
The correct test to meet is whether the contractor is acting as a business. As long as you look at the conditions and ask if they fit with being an employee but not also asking if they fit with being a business then you will get a biased answer. What has happened is that there is a lot of case law, at least in the UK, about recognising an employee which has arisen out of people seeking to be treated as employees. There are, of course, criteria for being a business - registered company and registration for VAT but they don't really count because legislation has been drawn up which allows that to be disregarded. What's needed is case (or statute) law which looks at how the putative business is conducted - is it really being operated as a business - which take into account a right to be in business on one's own account. If such tests existed then it would be possible to judge on an unbiased balance of probabilities as to whether a contract was of service or for services. It would, I think, be very likely that the grey areas which allow for many gig economy jobs to be non-employment would lergely or entirely disappear.