Sometimes, it is very difficult to make the difference between an independent contractor and an employee, as the employer hires workers registered as self-employers when in fact there is an employment relationship between the worker and the company.
The solution to determine which is which, an independent contractor or an employee, is analyzing the characteristic features of a contract of employment, which are: dependency, alienation, personal nature of the relationship, compensation, and exclusivity and assiduity.
These factors are those that enable the qualification and delivery of services as labor and, consequently, if there is no submission, the contract may be considered civil or commercial, but never as a labor one.
Finally, encourage people who are in this situation to be hired as freelancers when in practice there is an employment relationship to sue the employer, by taking into account that the document signed by the parties does not matter, for the really important thing is the reality in the qualification of the employment relationship. Therefore, if the relationship between the worker and the company obeys the characteristics of the
employment contract, the employment relationship will be judicially qualified as a labor one.