Employment refers; a party is hiring another party or parties to work for an organization, and the employer who hires promises to pay salary or wages. Wages or salaries can be counted the basis hourly, daily, weekly, or monthly.
A worker can also work for an employer based on work and period by signing a contract. This contract deals only with the project. How the work is done or how the worker will accomplish the project is not an employer’s concern. When the contractor or the worker completed the project or task, the employer pays him according to the agreement.
To fix the legal uses between an employer and his employee or employees, an employment attorney stands to create or implement the agreement.
The conflict between an employee and an independent contractor
In the present time, we certainly face confusion regarding the difference between an employee and an independent contractor. Like when the question arises, are personal fitness trainers employees or independent contractors?
In various cases, we may find a conflict whether a personal fitness trainer is an employee or an independent contractor. The solution is if a fitness trainer is working at a workplace and agrees to sign a contract paper with the fitness center. And he is also an employee if he signs a contract with an individual. But the exceptions exist.
One is when a trainer is free from the control of the person he signed. For example, we can illustrate this, suppose a senior citizen, Mr. Andy is about to hire a trainer for his evening workout. He goes to a gym or a fitness center and asks for a trainer. He finds one and makes a verbal deal for four days a week. That trainer named Mr. Dove agrees to attend and assist him with his work out. The days’ names are not mentioned. Hence, Mr. Dove can attend any four days of the week. He can instruct Mr. Andy, depending on his working strategy. Mr. Dove can work here with no direction from anyone, neither anyone can control his performance.
The second one is if a fitness trainer is working outside of his workplace or the workplace, he works, and then he is an independent fitness trainer. If we bring the same example, Mr. Dove, who made a deal with Mr. Andy, if he goes outside of the place he works, from that event, he becomes an independent contractor. After spending time with Mr. Andy, if he goes to attend another person’s fitness training personally, there is no objection anyone can make. Even if the workplace’s authority assigned him as the fitness trainer of that center, he can’t make any objection if he provides the time at that center accurately. Regarding the clients, Mr. Dove handles after working at the center; when the project ends, clients cannot claim any relationship.
The third situation is, if a trainer designs his way to attend his courses, he forms himself as an independent contractor. In this case, an instructor makes his working style and strategy to provide the services to clients and the schedule. He can design the project by his desired time. But once he is agreed and makes a trade with a client, without warning and appreciation of the client, he can’t leave or escape from his duty. He is bound to provide service until the project ends. Finally, after the discussion above, it is more viable to say, a personal fitness trainer is an independent contractor. But a trainer works for a fitness center; he is an employee of that organization.