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Differentiating between employees and independent contractors is essential since the law treats both groups differently. While employers are obligated to comply with Philippine labor laws in regards to their employees, the same obligation does not apply to any independent contractors they hire.
Becoming an independent contractor is one of the many ways to be classified as self-employed. By definition, an independent contractor provides work or services on a contractual basis, whereas, self-employment is simply the act of earning money without operating within an employee-employer relationship.
Payroll refers to the tasks an employer must execute to ensure employees are paid accurately and on time. An independent contractor is not an employee; therefore, he's not paid through the payroll.
Who are covered or entitled to the 13th month pay? All rank-and-file employees who have worked for at least one (1) month during the calendar year, are entitled to receive 13th month pay regardless of the nature of their employment and irrespective of the methods by which their wages are paid.
Who aren't eligible to receive their 13th month pay? Employees of government agencies and any political subdivisions are not eligible under PD 851. Employees who work for multiple employers or government employees doing part-time work with a private company aren't also covered by the law.
The key here is for owners and managers to understand the true cost to the business of hiring an employee and not just base their employee costs on gross wages! In short, independent contractors do not have any entitlement under PH law to receive 13th Month Pay.
Simply put, being an independent contractor is one way to be self-employed. Being self-employed means that you earn money but don't work as an employee for someone else.
Remember that an independent contractor is considered to be self-employed, so in effect, you are running your own one-person business. Any income that you earn as an independent contractor must be reported on Schedule C. You'll then pay income taxes on the total profit.
A 1099 employee is a US self-employed worker that reports their income to the IRS on a 1099 tax form. Freelancers, gig workers, and independent contractors are all considered 1099 employees.
Benefits. Certain benefits under the law are provided to employees that independent contractors are not entitled to, such as overtime pay, premium pay, holiday pay, and 13th month pay, among others. Some employers also provide non-monetary benefits such as maternity/paternity leave and parental leave.