I am looking at a cleaning position but am I an Employee or Independent Contractor?

Full question:

I am looking at a cleaning position from an business that contracts to provide service to multiple dr offices. The owner of this business wants me to sign agreement that I am a subcontractor with him as the contractor. He will require me to punch in and out of job sites, wear a shirt with his business. He will not take taxes out. If I am sick and unable to work I will have to find my own replacement. Also, he will supply all materials I need to do my job for him. Is this a true contractor subcontractor relationship. It seems more like he is my employer but he says no

• Category: Employment
• Subcategory: Independent Contractor
• Date: 04/07/2025
• State: Michigan

Answer:

Many jobs can be an employee status or independent contractor. If you cleaned businesses for a living and contracted with him to clean some offices for his company you could be an independent contractor. If you cleaned offices for him part time and had other jobs you could also be an independent contractor. If it is common practice for people in your line of business to be considered independent contractors then that could be true. 

Here are some guidelines to consider if you are a cleaning business about whether the people you hire are employees or independent contractors.

You should consider hiring employees for your cleaning business if any of the following apply:

1. You want to control the hours cleaning associates work.
2. You want to pay the cleaning associates by the hour.
3. You want to provide all of the cleaning supplies and equipment used by the cleaning associate.
4. You plan to have your cleaning associates work in teams where the work is supervised.
5. You want to provide the transportation for the cleaning associates.
6. You want the cleaning associates to wear uniforms with your company logo.
7. You would like the ability to direct or train cleaning associates about the details, manner and/or means by which a cleaning jobs and results should be accomplished. (For example, you want the right to control their work schedule as well as the number and frequency of breaks they take, the ability to review their performance or the power to oversee the type of equipment they use.)

 
You might consider working with independent contractors if the following applies:

1. The cleaning associates can specify what days and hours they are available to work with their work schedules being established according to their specifications.
2. The cleaning associates are paid a commission/percentage for each property cleaned and are never paid by the hour.
3. The cleaning associates use their own cleaning supplies and equipment; however, if you are a cleaning business with an emphasis on environmentally safe products, you can require associates to use only products that meet certain standards.
4. The cleaning associates work independently without any direct supervision from the business owner/supervisor.  
5. The cleaning associates provide their own transportation to and from each account.
6. Instead of uniforms, the cleaning associates are required to adhere to a dress code.

See http://www.cleaningbusinesstoday.com/blog/the-great-debate-employees-versus-independent-contractors

See also http://www.cleaningalliance.com/20factor.aspx