6 min read
Article
Freelance vs. Contract: What’s the Difference (and Does It Matter)?
zackkinslow April 8, 2024
Businesses need to understand the fundamental differences between freelance vs. contract work to hire the right fit for the right projects. Fortunately, it’s not too complicated to learn the nitty-gritty differences. And knowing the nuances will give you the vocabulary, strategic planning, and contract-creation skills you need to navigate this changing scene.
There’s been a seismic shift in businesses complementing (and even replacing) traditional employment models with more flexible, project-based arrangements. The growing prevalence of freelancers and contract workers gives your business unprecedented flexibility in tapping into global talent on an as-needed basis.
However, recognizing the distinctions between freelancers and contractors isn’t just academic. It has practical implications for project management, legal compliance, and financial planning. The way you engage your help influences:
- Scope of work
- Duration of engagement
- Degree of autonomy
- Payment models
- Employment relationship
Below, we’ll explain everything you need to know about freelance vs. contract work to help you hire the right worker under the right terms to meet your strategic growth goals.
Freelance vs. Contract Work
Freelancing and contract work (while often used interchangeably) often describe distinct workforce models and relationships with the worker. Each has its unique characteristics and implications for businesses. Let’s take a closer look.
What Is Freelance Work?
Freelancing refers to individuals offering their services to clients on a per-project or per-task basis. Freelancers typically work with multiple clients simultaneously, enjoying a high degree of flexibility in choosing projects that align with their skills and interests.
The freelance model often involves shorter-term engagements, and the freelancer’s autonomy in managing their workload and schedule. For businesses, freelancers offer a way to access specialized skills on demand, allowing for agility and innovation without the commitment of a full-time hire.
What Is Contract Work?
Contract work involves an individual agreeing to work for a single client under a fixed-term contract. These engagements are often longer than typical freelance projects, providing the worker with more stability but less flexibility.
Contract work is usually project-specific, with the contractor dedicating their full attention to the client’s needs for the duration of the contract. This arrangement allows businesses to bring expertise for specific initiatives to guarantee focused attention and a deeper integration into the company’s operations than freelancers.
What’s the Difference?
In the United States, the two terms ‘freelancer’ and ‘independent contractor’ are largely synonyms from a legal standpoint – with unique connotations and nuanced differences in their perception.
The main differences between freelancing and contract work lie in the commitment, scope of work, and nature of the relationship with the hiring company:
- Commitment: Freelancers work on a project-to-project basis, often with multiple clients. Contractors usually commit to a single client for a more extended, predefined period.
- Scope of Work: Freelancers typically handle diverse projects across various clients with a broad range of work. Contractors are often hired for specific projects, focusing on one client’s needs.
- Client Relationship: Freelancers maintain independence, choosing their projects and managing their schedules. Contractors may have a closer relationship with the client* while still remaining independent – sometimes working within the client’s teams or internal systems and processes.
- Business Perspective: Hiring freelancers is ideal for short-term, specialized tasks requiring quick turnaround. Engaging contractors suits longer-term projects needing dedicated attention and deeper integration into company processes.
*It’s important to note the use of the word “client” and not “employer,” as neither the freelancer nor contract worker are technically “employed” by the company — they are engaging independently with their client.
Related: 1099 vs. W-2: How to Hire and Engage U.S. Talent Compliantly
Contractors vs. Freelancers: Does It Matter?
As you’re starting to see, the differences between contractors and freelancers can go beyond semantics. Aside from the scope of work and employment relationship, companies should consider legal, financial, operational, and strategic considerations when choosing to hire contractors or freelancers.
So, does the distinction really matter between contractors vs. freelancers?
Depending on the jurisdiction in which you’re engaging the worker, yes – it does.
The choice between engaging a freelancer or a contractor may affect everything from compliance and tax obligations to project management and company culture. Next, we’ll explore the legal and financial implications, the degree of flexibility and control each option offers, and how they differ regarding longevity and commitment.
Again, speaking from a U.S. compliance standpoint, freelancer and contract worker are effectively the same – and it’s the word ’employee’ that you need to be careful about (see: the dangers of misclassifying your contractors as employees). But there are important factors to consider still.
Legal Implications
Legally, freelancers and contractors are considered self-employed, working under their own business entities or individual tax IDs. This grants them a high degree of independence but also places the burden of tax payments, insurance, benefits, and retirement savings squarely on their own shoulders.
Contractors working on longer-term engagements may have a different situation – on the surface. Sometimes, long-term contractors are treated like ’employees’ for the duration of their contract, in all the interpersonal ways you can think of (for example, attending team meetings, communicating through team tools, and following the company’s internal processes). However according to U.S. Fair Labor Standards Act (updated March 2024), there are six key areas to determine whether a worker is in fact an employee or a contractor/freelancer:
- Opportunity for profit or loss depending on managerial skill
- Investments by the worker and the employer
- Permanence of the work relationship
- Nature and degree of control
- Whether the work performed is integral to the employer’s business
- Skill and initiative
Misclassifying an employee as a freelancer or contractor can lead to major legal repercussions, including penalties and back payments for taxes and benefits. To further complicate the issue, every country has unique international laws about what qualifies as freelance work vs. employment.
Financial Implications
Financially, the engagement of freelancers and contractors affects payment models, tax deductions, and insurance. Freelancers typically invoice for their services, allowing businesses to categorize these payments as business expenses that are often tax-deductible. Contractors may operate similarly, but the specific details of their contracts can influence the terms and structure of their payments.
Freelancers and contract workers alike will agree to payment terms in collaboration with their clients. Here are just a few examples of the types of work contracts that may be used:
- Fixed Rate Contract
- SOW (Statement of Work)
- General Framework Contract
- Pay As You Go (PAYG) Contract
- Deal Memo (used in the production industry)
Both freelancers and contractors must manage their own tax obligations, though the specifics can vary based on their legal classification and the jurisdictions in which they operate. Understanding these obligations is essential for your business to ensure accurate financial planning and avoid any surprises come tax season.
Flexibility and Control
Freelancers typically enjoy a high degree of flexibility and control over their work life, including the freedom to choose projects that align with their skills, interests, and schedules. This autonomy allows them to work with multiple clients simultaneously, diversifying their income sources and professional experiences.
On the other hand, contractors with long-term engagements often trade some level of this flexibility for the stability of a single client, which might limit their ability to take on varied projects. That said, this structure does provide more predictable work and income.
According to U.S. labor law, both the freelancer and contractor legally maintain control and flexibility over when, where and how they work. If not, the hiring company runs the risk of misclassification – and the worker should be entitled to the benefits of employment.
Freelancers allow your business to respond quickly to project demands and market changes without the commitment of long-term contracts. This makes freelancers ideal for short-term, specialized projects where speed and expertise are top priorities. Think: one-off projects or creative tasks that ultimately generate a single invoice.
Contract work (with its inherent stability and longer engagement terms) allows your business to plan and execute larger projects with confidence. Contractors can become deeply integrated into your team, understanding the business’s inner workings and contributing to its long-term goals. This model is perfect for projects that require sustained attention and a deeper understanding of the company’s objectives.
Longevity and Commitment
Freelance projects are typically perceived to be shorter. Take for example, article assignments for a publication. Sometimes, you might re-engage a given freelancer over a longer period of time, but long-term work availability is rarely guaranteed (for the freelancer or your business). For freelancers, offering consistent, high-quality work can open the door to ongoing projects and a stable partnership.
Similarly, long-term contractors who demonstrate flexibility within their dedicated engagements can become invaluable assets to your business. This relationship can lead to extended contracts, additional projects, or even full-time employment down the line.
To decide between engaging a freelancer or a contractor, you’ll need to consider the nature of the work and the desired outcome (plus future needs). Projects requiring specialized, short-term input may best suit freelancers, while those needing sustained, focused effort might benefit from the commitment of a long-term contractor engagement.
Manage All Your Freelancers and Contractors with Worksuite
After reading this, you should better understand freelance vs. contractor work – but now what? Now, it’s time to plan, budget, and use the right tools to harness the full potential of your flexible workforce.
That’s where we can help.
Worksuite is designed to simplify and streamline freelancer and contractor management. From onboarding and compliance to project management and timely payments, we have the tools and solutions you need to scale your external workforce with confidence:
- Centralized Talent Management: Organize and manage all freelancer and contractor information in one place, making accessing and managing talent pools easy.
- Automated Onboarding: Streamline the onboarding process, reducing administrative burdens and providing a smooth start for new engagements.
- Project Management and Tracking: Keep projects on track with integrated project management tools that facilitate communication and collaboration.
- Compliance and Payment Solutions: Navigate the complexities of tax and legal compliance easily and execute payments in various currencies to provide timely and accurate compensation for your global talent.
We help you build stronger, more productive relationships with your freelancers and contractors. Our platform saves more than just time and money—it provides peace of mind from knowing your external workforce is managed efficiently and compliantly.Want to see for yourself? Schedule a demo with our team to learn how Worksuite can help you better manage your freelancers and contractors.