You Call Them Freelancers - The Law Calls It Something Else
There is a very specific type of confidence I keep seeing in companies when they talk about their “freelancer model.” It usually comes with phrases like flexible, scalable, sometimes even future-proof. And on paper, many things seem to support that story - solid agreements, invoices instead of payroll, no benefits, no formal employment ties.
And yet, the moment you step into how these relationships actually function on a daily basis, the structure starts to tell a completely different story, one that no longer revolves around independence or service delivery, but around control, expectation, and quiet integration into the company’s internal machinery. That gap between what companies think they’ve built and what they’re actually operating is where the real risk sits. Not in the contract itself, but in the behavior that slowly, almost invisibly, reshapes the relationship into something else entirely.
The moment you ask for a doctor’s note, you’ve already crossed the line
Someone actually messaged me about this the other day. Just a quick DM:
“Hey, the company I freelance for asked me to send a doctor’s note because I wasn’t working for two days… is that normal?”
And this is exactly how it shows up. Not as some big legal issue but just a small moment where something feels… off. Because you absolutely don’t ask a freelancer for a doctor’s note!
The second you do that, you’ve already shifted the relationship. You’re no longer dealing with a service someone delivers. You’re managing a person, their time, their presence, their reason for not showing up. That’s not B2B or freelance anymore.
A freelancer doesn’t owe you an explanation for being sick. They owe you an outcome and that’s the deal. But companies blur this line all the time, usually without even noticing. One question like this turns into another, then into expectations around availability, then into “just keep me posted if you’re offline,” and suddenly you’ve built something that looks exactly like employment… just without the responsibilities.
“40 hours per week” is not structure
There’s something about numbers that makes companies feel safe, especially when it comes to time. Forty hours per week sounds so easy to plan around. And then you add detailed time tracking on top of it, and suddenly everything looks structured, transparent, under control. But from a freelance perspective... that’s not structure but pure evidence.
A freelancer is not there to sell you fixed hours in a controlled setup. They’re there to deliver a result, using their own way of working, on their own terms. The more you start defining when they should work, how long they should be available, and how exactly that time needs to be reported, the more you move away from a service relationship and into something that looks very familiar.
And the irony is that most companies don’t even notice they’re doing it. They just want visibility, a bit more predictability, maybe tighter control over delivery. Completely understandable. But step by step, what you’re building starts to mirror employment in everything but name. And if this ever gets looked at from the outside, you’ve already done the hard part for them - you’ve documented the whole thing yourself.
“We don’t have a policy, so you can’t work abroad”
This one comes up a lot, believe me. A company says they can’t allow a freelancer to work from another country because there’s no internal remote work policy that would cover it. But that’s exactly where it starts to fall apart because that policy was never meant for them in the first place.
A freelancer doesn’t sit inside your internal frameworks. Those rules exist for employees - to define where they work, how they work, under what conditions. A freelancer, by definition, decides that themselves. That’s the whole point of the setup. Now of course, there can be real risks. Data protection, regulatory exposure, client restrictions - it's all valid but then say that! Define it properly and put boundaries around those risks, instead of claiming that "there is no remote work abroad policy".
Saying “we don’t have a policy” is not risk management. It’s just extending internal control into a relationship that’s not supposed to be controlled like that. It feels structured at first glance but in reality, it just shows that the line between freelancer and employee was never clearly understood. And once you start applying employee logic to freelancers like this, the whole thing slowly shifts away from a service relationship and into something that looks a lot more like employment, just without calling it that.
The “company laptop” rule that has nothing to do with security
It always comes wrapped in the right language. Companies talk about security, compliance, best practice - all the terms that make a decision sound structured and well thought through. And in the right context, requiring freelancers to use company equipment can absolutely be justified. But what I usually see looks very different in practice.
Instead of a clear framework, there is simply a rule. Someone at some point decided that freelancers should use a company laptop, and it stayed that way. There is no proper IT policy behind it, no clearly defined access management, no real explanation of what specific risk is being addressed. It is just there, unquestioned, treated as standard, and that is exactly where the issue starts.
So, when you take away the language, what remains is not a structured security measure, but a form of control. The company decides which tools are used, how access is managed, and indirectly how the work itself is performed. That is no longer just about protecting data. It starts to shape the working environment in a way that feels much closer to an employment setup than to an independent service relationship.
On its own, this might still be defensible. But the problem is that it almost never appears on its own. It sits alongside fixed working hours, expectations around availability, questions about absence, and restrictions on location. And when you look at all of it together, it becomes difficult to argue that this is still about working with an independent freelancer. At that point, it is no longer a single decision. It is a pattern that tells a very different story.
A simple test most companies would fail
At some point, it’s worth putting the contract aside completely and looking at the relationship for what it actually is, not what it was meant to be. This is usually where things become very clear, very quickly.
Do yourself a favor and look at how you work with freelancers on a day-to-day basis, not how you describe it internally or what the agreement says on paper.
1. Are you paying for a defined result, or are you mainly expecting them to be available at certain hours?
2. Are you focused on what gets delivered, or are you paying attention to how, when, and under what conditions the person is working?
3. Are you maintaining a clear boundary between an external service provider and your internal structure, or are you slowly extending your internal rules, expectations, and habits outward because it feels easier that way?
4. And ultimately, are you working with a vendor who operates independently, or are you shaping someone into a team member who just happens not to be called an employee?
None of these questions are complicated, but they are uncomfortable for a reason. Most companies already know the answer the moment they ask them... and that answer usually has very little to do with what the contract says. But well, the issue is not that companies work with freelancers. The issue is that many of them say “freelancer” while building something that is operationally much closer to employment, and that gap is exactly where the risk begins. It's all about understanding that if you want a freelancer model, you actually have to build one properly.
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