Singapore

Several factors are considered to determine whether an individual qualifies as an independent contractor (IC) and can work compliantly. These factors include how the IC sets up their business (e.g., as a separate legal entity or sole proprietorship), whether the IC has discretion in selecting working hours and work location, and whether the IC can choose the methodology and means for providing services, such as the frequency of instructions from the client. Other considerations include whether the IC uses their own tools, equipment, and materials, incurs business travel costs, or is hired to deliver specific results. Additionally, it is important to assess whether the IC is integrated into the client’s organization, such as supervising the client’s employees or reporting to the client’s employee. The IC’s previous work history with the client is also relevant, particularly whether the IC has previously worked as an employee for the client. Furthermore, the IC’s ability to perform services for other clients or if they are required to dedicate full-time to the client should be considered. Lastly, it is important to evaluate whether the IC assumes business risk and is liable for damages caused while performing services.