Editing Cooperative (section)

=== Legal status of cooperative workers: employees or employed? ===
There is a legal debate on whether to consider being a member of a cooperative as a formal worker or not. For instance, it has been claimed that "the relationship of the worker-member with their cooperative should be considered as distinct from that of conventional wage-based dependent work and self-employed work". Some authors argue that cooperatives should have their own legal status differentiated from the legal status of a conventional firm, in order for them to get recognition and adapt the law to its unique features.<ref name=":12">{{Cite journal |last=Fajardo García |first=Gemma |date=2021 |title=Associated work in a cooperative is neither dependent work nor selfemployed work |url=https://dialnet.unirioja.es/servlet/articulo?codigo=8239387 |journal=CIRIEC – España. Revista de economía pública, social y cooperativa |issue=103 |pages=315–335 |doi=10.7203/CIRIEC-E.103.20685 |s2cid=244881436 |issn=0213-8093|doi-access=free |hdl=10550/90859 |hdl-access=free }}</ref>

In [[Argentina]], lawyers have debated whether the relationship between members in the worker cooperative also constitute an employment relationship to which the rules governing pais dependent work are applicable. Some say yes, mainly based on the argument that participation in the management and direction is not incompatible with the condition of subordination and that the individual is subordinated to the majority vote. However, other interpretations say that the link between members and the worker cooperatives is not a labor relation. In many law cases it has been widely adopted that the size of the cooperative is decisive for this question since the personal contribution of members is more important in small cooperatives.

In the US, the [[Internal Revenue Service]] determines whether a worker is an independent contractor by considering the degree that the worker:<ref>Publication 1779 (Rev. 3-2023) Catalog Number 16134L Department of the Treasury Internal Revenue Service www.irs.gov</ref>
* Receives less extensive instructions on the work to be done, but not how it should be done;
* Receives training from the business about required procedures and methods;
* Has significant investment in the work;
* Is not reimbursed for some business expenses;
* Has the opportunity to realize a profit or incur a loss;
* Receives benefits from the business;
* Has a written contract that shows the relationship the worker and business intend.

The following factors are generally considered when determining whether an employment relationship exists under the FLSA:
* Is the worker performing work that is an integral part of the business?
* Do the worker's managerial skills affect the worker's opportunity for both profit and loss?
* What kinds of investment does the worker make in facilities and equipment compared to the employer?
* Does the worker exercise independent business judgement and initiative?
* Is the relationship with the employer indefinite, which suggests an ongoing employee relationship?
* What kind of control does the employer have about how the work is performed, pay amounts, hours worked, and whether the worker is free to also work for others and hire helpers?