Is this a problem though? I a lot of countries you can open a 1 shop company, and any two companies can sign whatever they agree on into the contract. Of course some higher level laws may void (parts of) the contract.
Do you think that “nature of the relationship” is more important than wording of contract? Why?
If countries hate the idea of 1 person shop contractors they can still ban the “shadow employment” via higher level laws. If they don’t I don’t understand how this is a problem.
> If countries hate the idea of 1 person shop contractors they can still ban the “shadow employment” via higher level laws. If they don’t I don’t understand how this is a problem.
They do. The problem is deciding whether you are a contractor or an employee under such laws, and the risk that the tax man (and employment insurance system including health care and pensions) will retroactively deem you a factual employee, thus creating a large set of potential liabilities for all involved.
Not currently in Poland. There were attempts to do so though. All in all certain presumptions can trigger red flags for the tax office, all and any of the following: 40h a week, paid days off (especially 20/26 days), work in the same place, at the same time, under supervision. With IT its safest to contract for a company without entity in Poland. Also you’ll find many people who still cover a lot of the above and never been bothered by the tax man. So I’d say its just being extra careful.
Not in all of EU: at least in Finland, the tax office clarified a long time ago that if the papers (business registration, contracts, insurances etc.) are done properly, the number of clients doesn't matter.
Do you think that “nature of the relationship” is more important than wording of contract? Why?
If countries hate the idea of 1 person shop contractors they can still ban the “shadow employment” via higher level laws. If they don’t I don’t understand how this is a problem.