An Employee and an Independent Contractor Coursework

An Employee and an Independent Contractor - Coursework Example There must be an agreement between the employer and the employee or the independent contractor and an â€Å"intention to create a legal relationship† (Gulshan and Kapoor 4). Other elements such as the legality of the work to be performed, the existence of consideration and contractual capacity, and free will into a contract are also common factors for enforceability of contracts between an employer and either employee or an independent contractor (Gulshan and Kapoor 4). The level of control by the employer, however, distinguishes between an employee and an independent contractor. An employee operates under direct instructions from the employer while an independent contractor operates independently from an employer’s instructions. An employee also receives training on the job by the employer or senior employees of the employer while an independent contractor is employed for owned expertise. Another difference between an employee and an independent contractor is period of the relationship. An employee’s contract is normally long-term and runs over many seasons while an independent contractor’s services run with the life of a contract in agreement. An employee is also remunerated by rate while an independent contractor is paid per contracted job (Miami Dade College 1-3).