Figuring out if you're an employee or self-employed

In most situations, it's easy to tell if you're working as an employee or if you're self-employed. But sometimes it's not so clear. In Ireland and across the EU, there's no simple legal definition of what "employed" or "self-employed" means. So, to figure it out, both your contract and what actually happens day to day in your job are looked at.

Even if your contract says you're self-employed, that doesn't always decide it. What matters more is how the working relationship really works in practice. Things like who controls your work, if you use your own tools or the employer's, if you take financial risk, and how you're paid are all important.

Government bodies (like Revenue, Social Welfare, or the WRC) and the courts will look at all the facts to decide your true employment status. Even if your contract says you're a contractor, they might still find that you're actually an employee—and that means you're entitled to things like holiday pay, sick pay, and protection under employment law.

So, don't just go by what your contract says. If you're unsure, get advice—because your rights could depend on it.

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