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INDEPENDENT CONTRACTOR or EMPLOYEE?

TEST ON EMPLOYMENT STATUS

GUIDELINES FOR COMPLETION OF THE
INDEPENDENT CONTRACTOR ANALYSIS FORM (ICAF)

INDEPENDENT CONTRACTOR ANALYSIS FORM

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URL:  http://www.siue.edu/PERSONNEL/Employment/icaf.html
Published by:  Offices of Human Resources, Southern Illinois University Edwardsville

 
 
 

Test on Employment Status

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  Employee   Independent Contractor
Follows Instructions on how to work Works without detailed directions on procedure
       
Trained on how job should be done Uses own experience, expertise to do job
       
Works within campus environment Works alone-not part of campus "team effort"
       
Hired to work as an individual, based on skills, talent, and potential Hired to provide service many times, regardless who actually does work
       
Has indefinite employment status Hired for a set time period only
       
Works under set hours Sets own hours
       
Works for one employer at a time Can work for several employers at a time
       
Works mainly on-site; employer-directed off-site Can work either onsite or off-site, without employer direction
       
Works in employer-established order to allow for supervision Works any way desired to provide required service or product
       
Reports on work efforts as part of supervision Reports only as agreed upon
       
Compensated regularly, at specified time periods Reports only as agreed upon
       
Compensated regularly, at specified time periods Paid on per-job basis in a lump sum
       
Has work-related expenses paid by employer Pays own expenses out of expected compensation
       
Has tools and supplies provided by employer Provides own tools and supplies
       
Does not own or control work site May own or control work site
       
Generally does not work on profit/loss basis Generally works on profit/loss basis
       
Gives employer exclusive effort Works for any contractors at once
       
Cannot offer efforts to general public Markets services to anyone who wants
       
Can be fired at employer's discretion (subject to employment agreement) Can be fired only if work falls short of expectations
       
Can end employment at any time Responsible for completing job as agreed

 
 

Guidelines for Completion of the ICAF
Below are brief explanations of the information we are trying to collect
from your answers to each of the questions.  The numbers below
correspond to the numbered questions on the ICAF.

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  Answer Yes if the payee... Answer No if the payee...
1. Is currently either an employee or an enrolled student of the SIU System.  This includes Carbondale and the School of Medicine Is currently neither an employee nor an enrolled student of the SIU System.  This includes Carbondale and the School of Medicine
2. a)  Provides services solely to SIUE
b)  Does not market him/herself to the general public as a service provider		 a)  Provides services simultaneously to several persons or firms 
b)  Makes his/her services available to the general public
c)  The services provided to SIUE are consistent with those generally performed by the payee
3. a)Will receive specific training from SIUE to perform the service
b)  Will receive specific instructions from SIUE on when, where, and how the work results are to be achieved
c)  Is required by SIUE to follow procedures in achieving work results
d)  Is supervised by an SIUE employee		 a)  Will not receive specific training from SIUE to perform the service
b)  Will not receive specific instructions from SIUE not only on when and where, but how the work results are to be achieved
c)  Can exercise some discretion on the order in which results are completed
4. Works regularly alongside SIUE employees on various assignments Works at sporadic intervals under specific job completion dates
5. a)  Is personally required by SIUE to be on the job for a pre-determined number of hours
b)  Will supervise University employees in achieving work results		 a)  Will set his/her own hours to perform the contracted service or complete the final product (even if the final product is to be delivered at a mutually pre-determined time and place)
b)  Can send substitutes to perform the work
6. a)  Is to be paid on an hourly, weekly, or monthly basis 
b)  Will bill SIUE separately for business and travel expenses		 a)  Is to be paid based upon the completion of a specified task
b)  Will incorporate business and travel expenses into the agreed upon payment amount
c)  Will realize a profit or loss depending upon income and expenses
7. a)  Will perform or execute the duties entirely on SIUE premises
b)  Will use tools and materials supplied by SIUE
c)  Is supported and/or assisted by SIUE employees		 a)  Has a significant personal investment in their business venture (such as facilities, offices, etc.)
b)  Will furnish his/her own tools and materials
c)  Can hire, pay, and discharge substitutes and/or assistants with no risk of employer liability on behalf of SIUE 
8. Will be paid by SIUE for time spent working toward completion of the task whether or not the final product is achieved a)  Is providing only a final product to SIUE
b)  Will realize a personal loss for non-completion of the final product