Fran wants to work for B Ltd as a social media manager for 20 hours a week but she wants flexibility over when she works those 20 hours during the week. B Ltd will only offer her the position if she agrees to be an independent contractor. The contract states, amongst other things, that Fran needs to negotiate a week in advance of the days and hours she will work the following week. Which of the following is the most accurate: Group of answer choices While employers normally set the hours and days of an employee’s work, an employee and employer can agree to flexible working arrangements. Fran having flexibility over when she works does not automatically make her an independent contractor, other factors would be looked at. B is correct that Fran must be an independent contractor as employers always set the hours and days of an employee’s work As an employer, B has the right to decide whether someone is an employee or an independent contractor and a court cannot find otherwise. Because the work is not full time B is fine to make Fran an independent contractor and this decision cannot be challenged in the courts.

The distinction between an employee and an independent contractor is not solely based on the number of hours worked or the flexibility of those hours. It is determined by a variety of factors, including the level of control the employer has over the worker, the worker's opportunity for profit or loss, and the permanency of the relationship.

1. While employers normally set the hours and days of an employee’s work, an employee and employer can agree to flexible working arrangements. Fran having flexibility over when she works does not automatically make her an independent contractor, other factors would be looked at: This is correct. The flexibility of work hours does not automatically make a worker an independent contractor. Other factors, such as the level of control over the work and the nature of the relationship, would also be considered.

2. B is correct that Fran must be an independent contractor as employers always set the hours and days of an employee’s work: This is incorrect. Employers and employees can agree to flexible working arrangements, and this does not automatically make the worker an independent contractor.

3. As an employer, B has the right to decide whether someone is an employee or an independent contractor and a court cannot find otherwise: This is incorrect. The classification of a worker is based on the facts and circumstances of the relationship, not just the employer's decision.

4. Because the work is not full time B is fine to make Fran an independent contractor and this decision cannot be challenged in the courts: This is incorrect. The part-time nature of the work does not automatically make Fran an independent contractor. The court would look at a variety of factors to determine the nature of the relationship.

Therefore, the correct answer is: While employers normally set the hours and days of an employee’s work, an employee and employer can agree to flexible working arrangements. Fran having flexibility over when she works does not automatically make her an independent contractor, other factors would be looked at.