Given that this is about "disguised" employees - there is obviously an element of people / companies trying to avoid matching such criteria. I personally would favor a more practical mechanism which would make a decision based on probabilities rather than a few black and white statements. For example if the majority of the following apply, you are likely (but not guaranteed) to be a disguised employee
- You are required to use a company PC - and not permitted to use your own devices.
- You are added to the company directory and required to use company email address
- You are required to attend regular company meetings that are not directly related to your work.
- You contract does not specify what you need to deliver just a fixed time period.
- You need to provide regular time sheets to get paid- not a report of deliverables completed.
- Your fees have no direct relationship to the quality of work - i.e. you are on a fixed rate with no quality review capability to adjust these fees.
- You are required to comply with the company ways of working and policies - for example travel class restrictions or traveling with specific companies
- You do not need to provide guarantees on the work you have completed which can be invoked after you leave - i.e. similar to sale of goods legislation.