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Temp Contract
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Temp Contract
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Do any of you hire temporary employees direct (not through an agency)? If so, do you have them sign a contract of any sort? Thanks!
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Temp Contract

posted at 3/24/2007 12:29 PM EDT
Posts: 3870
First: 2/12/2002
Last: 11/2/2009
Whoa! I think you're confusing temp employees with 1099 contract employees. They're totally different animals in most cases.

1099 independent contractors must, as you say, meet IRS guidelines in order to qualify. Such guidelines include amount of control the hiring organization has over their work, providing resources to accomplish the work, etc. Typically, a 1099 employee does not work onsite and there is no control over the contractors work other than to establish work output deliverables such as time, quantity, quality, etc.

Temp employees are just that - temporary workers for a fixed length of time who, unlike 1099 employees, typically work onsite under company direction. Whether or not they are operating under a contract or employment agreement or temporary offer is irrelevant. However, the hiring organization must be sensitive to the MicroSoft case as I think you're pointing out. You can have these employees act like regular employees, but only for a relatively short period such as 6 months. Any longer and you do run into co-employment, but not IRS, issues.

Temp Contract

posted at 3/27/2007 2:47 AM EDT
Posts: 6
First: 2/28/2007
Last: 6/23/2008
Yes, we do have temp employee sign the contract which is the same as the Perm employee does.
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