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Labor Issues

Q. I have a freelance contract but my hours, location are fixed and other work is prohibited. Isn't this essentially employment?

A.

Fixed hours/location and exclusivity are typical signs of false freelancing. You're likely legally an employee.

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Even if called "outsourcing," you're legally an employee if the reality shows: direction/control, fixed time/place, non-substitutability, time-based pay, and exclusivity (Labor Standards Act Art. 9). Fixed hours/location and exclusivity strongly indicate employment. If recognized as employee, you can claim back overtime, social insurance, and dismissal protections.
This article provides general legal information and does not constitute legal advice. For specific legal issues, please consult with a qualified attorney.

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