CONSIDERING that the undertaking and the contractor wish to conclude an agreement defining the respective rights and obligations with regard to all the services to be provided; In determining whether a worker is an employee or a self-employed contractor under the act, it is important to consider the definitions of “workers”, “employers” and “work”. The law defines these concepts very broadly. They are partly worded as follows: 6. Insurance and guarantees. The undertaking or the holder declares and assures each other that each of them is fully authorised and entitled to conclude the contract and that, with knowledge of the performance of their respective obligations under the contract, the undertaking or.dem contractor and any other person do not breach an agreement. Company or organization, or any law or regulation of the State. Below is a list of general distinctions between the two categories.