Answer: The fact that you do cleaning work for a company and have a fixed shift schedule does not in itself identify you as an employee of the company. It also depends on other factors of the arrangement. For a detailed analysis of legal factors, please refer to How do I distinguish between an employment relationship and a contractor relationship?
You are more likely to be considered an employee of the company if your social insurance is purchased at the company, your service contract is written as an employment relationship, your work arrangement is controlled by the company, and your cleaning work is a relatively fixed arrangement and you are considered part of the employee.
Conversely, if the following conditions exist, you are more likely to be identified as a contractor: the contract between the two parties clearly states that you are a contractor, you can arrange for others to work instead of you, you buy your own social insurance, use your own tools to work for the company, the company basically does not care how you clean and will not apply company rules to you, and you can refuse additional cleaning tasks required by the company.
In short, there is no black and white test for whether you are an employee or a contractor, and it is sometimes difficult to distinguish between various factors. Your relationship with the company ultimately requires a combined consideration of all of these factors.
This article is a part of our new book“Employment Law in China: A Practical Guide. A book about “What should I do” with case laws.”Stay tuned, and the book will soon be published as an electronic books!
Mr. Dong Wang has been in practice for over 20 years, specializing in business law, including employment law, commercial law, company law, and intellectual property law. Mr. Wang has earned respect and trust from his clients due to his professionalism, fidielty, and kindness.
Email: wangdong@royalaw.com