Independent Contractor Policy

Guidance Regarding Independent Contractor Policy Requirements During the COVID-19 Public Health Emergency - 03/31/2020

Web Based Independent Contractor Training -
Employees can now take a web-based training giving an overview of the Independent Contractor Policy. The Independent Contractor Policy Overview (University-Wide, Online) gives an overview of the policy as well as the questionnaire and provides guidance and clarification on roles and responsibilities and when and how to classify an individual as an employee or independent contractor.  The course can be found on Harvard’s Training Portal.

Policy Statement

It is Harvard’s policy that an individual who is paid to provide services to Harvard must be hired as an employee unless the engagement satisfies the three-part Independent Contractor test.

An Independent Contractor (IC) is generally an individual who is in an independent trade, business, or profession and offers services to the general public. An IC may work as an individual or through a business entity such as a sole proprietorship, partnership, or limited liability corporation. ICs are sometimes also referred to as consultants, 1099s, contractors, or vendors.

A worker’s preference is not relevant to the classification determination, nor is that of the local department or unit wishing to engage the individual.

Independent Contractor Policy Table of Contents
Policy Statement
Reason for Policy 
Who Must Comply
Responsibilities and Procedures
Resonsibilities and Contacts
Related Resources
Revision History
Appendices

Independent Contractor Policy - PDF Download
Independent Contractor Questionnaire
Independent Contractor Exceptions Attestation Form
IC Policy Flowchart
IC Policy Guest Speaker Flowchart
 

See the Side Bar for appendices and related resources