Self-employed professionals are those who provide services without having an employment relationship with the company. Generally, this type of worker is hired to perform specific and specific tasks, in situations in which it is not worthwhile for the company to look for a permanent employee.
One of the main characteristics of the self-employed person is economic independence. That is, there is no exclusivity in the contract, which allows him to work simultaneously for several companies. In this model, the professional also does not comply with fixed schedules or receive a monthly salary, but rather a predetermined payment for the services provided.
In addition to freedom, the responsibilities of the self-employed professional are also greater. The relationship is similar to that of two companies. The worker may have a CNPJ and must have his own tools and assume all the risks of his activity. He is solely responsible for the quality of deliveries and must bear the consequences of any breach of contract.
There are certainly many advantages to having independent professionals. However, as this work model does not fit into the Consolidation of Labor Laws (CLT), some special precautions must be taken in the process. Thinking about it, we prepared this post with everything you need to know about this type of hiring. Check it out below!
Advantages of hiring freelance professionals
Reduction of labor charges
Hiring a self-employed professional has a much lower cost than keeping a fixed employee. There are no charges like FGTS and the exemption is also facilitated, without the payment of taxes and indemnities. But that does not mean that this model of work is tax-free. There are some charges, such as:
- EHIC: 11% of the remuneration is retained and sent to the Social Security Guarantee and Information Company System (SEFIP);
- Employer's social security with a rate of 20%, in case the company is not covered by Simples Nacional;
- Services Tax (ISS), if required by municipal legislation for the activity in question.
Carrying out sporadic activities
Self-employed workers are excellent options for performing specific and specific tasks. Generally, this type of demand cannot be met by the fixed team, either due to lack of time or technical knowledge. Often these activities last only a day or two, which makes it impossible to invest in an effective employee for the job.
Remuneration for delivery
In the autonomous contract, payment is linked to the delivery of the contracted service, not to the professional's working hours. This helps to reduce costs, especially when performing quick, non-recurring tasks. After all, the monthly salary of a professional who performs sporadic activities would be much more expensive than the single payment for a specific service.
Meeting emergency demands
Hiring independent professionals is also a great way out of situations of sudden increase in demands. For example: if the client launches a project that needs more manpower for just a few months, looking for freelancers is the smartest solution.
Increasing the fixed team just to reduce it again shortly afterwards would generate more costs of admission and dismissal. By opting for the autonomous service, it is possible to deliver quality results and meet deadlines even in times of high demand, without the need to hire new permanent employees.
Care that must be taken when hiring
When hiring freelancers, the company needs to take care so that, in practice, the worker does not act as a fixed employee. In this model, the following practices are prohibited:
- hiring personnel: occurs when the worker cannot be replaced by another professional or send another person if he is unable to perform the task;
- determine schedules: in self-employment, the company cannot demand that the professional adhere to fixed schedules. The decision of when to perform the task is up to the professional. Your only commitment is to deliver within the agreed deadline;
- establish hierarchy: the self-employed person is a service provider, not a subordinate. No one in the company can define what their work processes should be like, just assess whether the delivery was made properly or not;
- monthly payment: the payment of monthly wages for hours worked is an exclusivity of the CLT regime. Self-employed workers must receive a pre-defined remuneration for the combined activity.
The above precautions are essential so that the professional's performance in the company does not constitute an employment relationship. If the rules are not respected, the worker can file a lawsuit in the Labor Court and claim the rights guaranteed by the CLT, such as 13th salary, vacation and other legal benefits.
Therefore, always keep in mind that the only requirement that can be made to self-employed professionals is the delivery of the task within the agreed deadline. In return, it must offer a unique value for the service provided. Never try to interfere with his work methods, or ask him to perform activities other than those contracted.
When it is not worthwhile to hire a self-employed professional
As we have seen, there are many benefits to having autonomous services, especially with regard to cost reduction and the simplicity of the relationship between the parties. However, it all depends on the context and nature of the desired services. Often hiring independent professionals is not the best option.
When the task is recurrent, that is, performed many times over a long period, the ideal is to hire a permanent employee or train an employee who is already part of the team. In this case, having a self-employed person can be more expensive, since the volume of service is much higher. Depending on the context, you can even set up an employment relationship and bring problems with the Justice later.
Another example is the case of multitasking professionals. Some positions within organizations demand the execution of activities of different types. This type of work does not suit independent professionals, who perform more technical and specific tasks. In this situation, the company must choose to hire an employee in accordance with the CLT.
Those were our tips on hiring freelance professionals! Now that you have understood the main details about this model of work, you can accurately assess whether or not to rely on this type of service. Always remember to assess the context of your business when deciding between CLT or self-employment!
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