Trade Union Act Worker Status Checklist

SECTION A: Are You Part of Their Business?

✓They depend on people like you to run their main business operations

✗You do occasional special projects that aren't central to what they do

✓They have systems to manage/evaluate your performance

✗They just wait for you to deliver the final result

✓You wear their uniform, use their business cards, or represent them to customers

✗You clearly represent your own business to clients

✓You can't do similar work for their competitors

✗You're free to work for anyone, including competitors

✓You work only or mainly for this one company

✗This company is just one of many clients you work for

SECTION B: Who Controls the Working Relationship?

✓They tell you what the pay rate is—no negotiation

✗You negotiate your rates and can change your prices

✓They use standard contracts that everyone signs

✗You negotiate individual contract terms for each project

✓They decide when, where, and how much you work

✗You decide your schedule, location, and workload

✓If you want to change something about the work, they usually say no

✗You regularly negotiate and adjust work terms as needed

SECTION C: How Are You Paid?

✓You get paid hourly, daily, or monthly (even if they call it something else)

✗You get paid per completed project or specific deliverable

✓You get paid the same amount regularly, regardless of how much work there is

✗Your income varies significantly based on how much work you complete

✓You get extra pay for overtime, holiday work, or bonuses

✗There's no concept of "overtime"—you just complete projects

✓They pay you on their standard payday (monthly, bi-weekly, etc.)

✗You invoice them and get paid according to your payment terms

SECTION D: Can You Say No?

✓If you say no to work, they get angry or threaten not to renew your contract

✗You regularly turn down work without any problems

✓You've never actually refused work because you're afraid of the consequences

✗You often pick and choose which projects to take

✓Other people like you never seem to refuse work either

✗People in your position regularly turn down jobs they don't want

SECTION E: How Much Control Do They Have?

✓They tell you what time to start, when to take breaks, and when to finish

✗You control your own schedule completely

✓You have to follow their detailed procedures, manuals, or instructions

✗You decide how to do the work as long as you meet the end goals

✓You have to report regularly on what you're doing

✗They only care about final results, not your daily activities

✓You work at their location or locations they specify

✗You work wherever you want

✓You have to be available during specific hours even if there's no work

✗You only "work" when you're actually doing billable tasks

SECTION F: Lack of Business Ownership

✓You can't independently acquire your own customers - they only come through the company

✗You have real opportunities to build your own client base and reputation

✓The company bears most business risks - you just don't get paid if there's no work

✗You take on significant financial risk and could lose money on operations

✓You must do the work yourself - hiring others would violate your agreement

✗You can hire others or subcontract the work

✓You only own basic tools (like a bike or phone) that aren't specialized for this business

✗You've invested significant capital in specialized equipment or business facilities

Trade Union Act Worker Status Checklist

SECTION A: Are You Part of Their Business?

SECTION B: Who Controls the Working Relationship?

SECTION C: How Are You Paid?

SECTION D: Can You Say No?

SECTION E: How Much Control Do They Have?

SECTION F: Lack of Business Ownership

Your Results

Mostly ✓ marks: You could be classified as a worker under the Trade Union Law

Mixed results: Grey area

Mostly ✗ marks: You might possibly be independent

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