
By the goLance hiring and workforce content team | Published September 30, 2026 | Last reviewed September 30, 2026
Hiring someone permanent is a bet. When you're not sure the role, the budget, or the person is right, contract to hire lets you see real work before you commit.
Contract to hire is a hiring arrangement where a worker starts on a fixed-term contract, usually three months to a year, with the option of becoming a permanent employee. The worker is typically paid through a staffing agency as a W-2 employee, and the employer decides at the end whether to convert them.
Contract to hire, often shortened to C2H, is a trial period with a decision attached. The worker does the actual job for a set term. At the end, the employer chooses whether to offer a permanent position, extend the contract, or part ways.
Neither side is locked in. The employer doesn't have to convert the worker, and the worker doesn't have to accept a permanent offer. That's the whole point: both get to test the fit before committing.
You'll also see "temp to hire" and "contract to perm" used for the same idea. The term is used loosely across the market, so the wording of the contract matters more than the label on the job post. Always read who employs the worker, how long the term is, and what conversion looks like.
Most C2H arrangements follow the same five steps.
Duration is commonly three months to a year. In the agency version, the worker is on the agency's payroll and you pay the agency. In the direct version, the worker is either on your payroll or working as an independent contractor. That difference drives your tax and legal position, which the classification section below covers.
Table 1 puts the common arrangements side by side. Values are general patterns. Your agreement is what actually decides each one.
Table 1: Contract to hire compared with other arrangements
| Arrangement | Who pays the worker | Usual tax form | Benefits | Typical duration | Conversion right |
|---|---|---|---|---|---|
| Contract to hire through an agency | The agency, which bills you | W-2 from the agency | Usually through the agency, depends on the agreement | Commonly three months to a year | Set in the agreement, often with a conversion fee |
| Direct contract to hire (no agency) | Your company, or the worker invoices you | W-2 if an employee, 1099-NEC if a contractor | Depends on the agreement and worker status | Set by you | You control the terms |
| Direct hire (permanent) | Your company | W-2 | Per your benefits plan | Ongoing | Not applicable |
| Temp to hire | Usually the agency | Usually W-2 from the agency | Usually through the agency | Varies by agency | Usually set in the agreement |
| Independent contractor | Your company, on invoice | Form 1099-NEC to the worker | None from the client | Project or term based | None unless the parties agree |
A quick note on temp to hire. Many staffing firms use it interchangeably with contract to hire. Some separate the two by duration or by how firmly the employer intends to convert. There's no single official distinction, so ask any agency how it defines each term.
Here's the practical difference that matters most: who carries the obligations. With a direct hire, you carry every employer obligation from day one: payroll, tax withholding, benefits, and employment law exposure. With contract to hire through an agency, the agency is the employer of record during the contract period. You take on those obligations only if and when you convert the worker to your own payroll.
A contract job is work for a fixed term or a defined project, with no built-in path to permanent employment. The worker may be a W-2 temp employee of an agency, or a 1099 independent contractor who runs their own business.
Contract to hire is a contract job with a conversion option attached. That single feature changes the relationship. The worker is being evaluated for a permanent seat, and you're being evaluated as an employer.
When does each fit? Use a plain contract job when the work has a defined end, such as a system migration or a product launch. Use contract to hire when the role is one you may want to keep, and you want proof of fit before you make the offer.
This section is general information, not legal advice; check your situation with an employment lawyer or tax professional.
The short answer. Contract to hire through a staffing agency is normally W-2 employment with the agency. A direct contract-to-hire worker can be either an employee or an independent contractor, and the label in the contract does not decide which. What the working relationship actually looks like decides it.
The IRS test. According to the IRS page on independent contractor versus employee status (last reviewed May 19, 2026), the evidence falls into three categories: behavioral control, financial control, and the type of relationship. The IRS adds that no single factor stands alone in making the determination.
Getting a determination. According to the IRS, firms and workers can file Form SS-8 to request a determination of a worker's status for federal employment taxes and income tax withholding.
The DOL and the FLSA. The U.S. Department of Labor applies a separate test under the Fair Labor Standards Act, often called the economic reality test. It asks, in plain terms, whether the worker is economically dependent on the company or genuinely in business for themselves. As of September 2026, the DOL has proposed but not finalized a new rule. Its notice of proposed rulemaking on employee or independent contractor status, published February 26, 2026 (docket WHD-2026-0001), proposes to rescind the 2024 rule. The comment period closed April 28, 2026, and the DOL page shows no final rule. Until that changes, the 2024 rule, codified at 29 CFR Part 795, is the one described on the DOL's misclassification page. Check both pages before you rely on either.
State law can be stricter than federal rules, so check your state as well.
Why it matters. Getting classification wrong can bring back taxes, penalties, and wage-and-hour liability. It's the main legal risk in a direct contract-to-hire setup.
A quick classification checklist. Answer these about the worker you plan to bring on directly:
A pattern of "yes" answers points toward employee status. Treat it as a prompt to consult a professional, not a verdict.
Conversion is where a C2H deal gets expensive if you haven't read the fine print. Agreements commonly provide for a conversion fee (also called a buyout fee) that the agency charges if you hire its worker directly. It's often defined as a percentage of first-year salary, and it's sometimes reduced or waived once the worker has put in a minimum number of hours or weeks.
None of that is universal. Fees are set by each agency in each agreement. As one example of an agency's own terms, KORE1, a staffing firm, states on its own page that its conversion fee is 20% of first-year base salary for 1 to 800 billed hours and 15% for 800 to 1,040 hours, with no fee past 1,040 hours. Treat that as one agency's pricing, not an industry norm. Before you sign anything, negotiate the fee schedule and the point at which the fee is waived.
Conversion isn't guaranteed, either. KORE1 reports that ASA and LinkedIn data show 14% of contract-role job changes landed in permanent roles in 2025, compared with 56% in 2016. KORE1 also cites Staffing Industry Analysts data putting the North America median temp-to-perm conversion rate at about 10%. These are industry figures relayed by a staffing vendor, and the measures differ, but the direction is clear: most contract roles don't convert. Plan a C2H as a trial, not a guaranteed hiring pipeline.
Put plainly, the real cost of C2H is the conversion fee plus the agency markup during the contract. The real saving is avoiding a bad permanent hire. Which of those wins depends on your situation.
Pros
Cons
C2H suits employers who have a clear conversion plan and can accept that the trial cuts both ways.
The upside for a worker is a foot in the door, a chance to test the role and the team before committing, and a possible permanent offer. The downside is that nothing is guaranteed. There may be a gap in benefits during the contract, and a worker who isn't converted has to restart a job search. (If you're a candidate weighing an offer, you can browse open freelance jobs as an alternative path.)
For employers, this is the blind spot. Candidates weigh these trade-offs, and many will pass. State your conversion criteria and timeline up front, and you'll keep more of the good ones.
Contract to hire is common in IT and software, accounting and finance, marketing and design, administrative and customer support, and engineering. These are fields where skills are easy to test on real tasks and demand for talent moves with projects and budgets. If you're hiring in one of these areas, you can browse freelance talent by skill to see who is available before deciding on a route.
A clear agreement protects both sides. At minimum, cover:
Have counsel review the agreement, and remember the not-legal-advice line above applies here too.
Contract to hire is one way to test a working relationship. It isn't the only one. Table 2 compares four routes.
Table 2: Four ways to bring in outside talent
| Route | Who employs the worker | Speed to start | Cost structure | Conversion rights | Best fit |
|---|---|---|---|---|---|
| Agency contract to hire | The agency (W-2) | Depends on the agency's candidate pipeline | Agency markup during the contract, possible conversion fee | Usually defined in the agreement | Roles you expect to make permanent |
| Direct contract to hire | Your company, or the worker as a contractor | Slowest, since you run the recruiting | Your own recruiting and payroll cost | You control the terms | Teams with HR capacity and a clear conversion plan |
| Freelance platform (goLance) | The freelancer, typically as an independent contractor, so run the classification checklist | Pre-vetted talent and AI matching shorten shortlisting | A flat 7.95% platform fee that can be split between the client and the freelancer; goLance markets itself as fee-free for clients when the freelancer carries the fee | Any move to a longer or permanent role is arranged between client and freelancer | Defined-scope or ongoing specialist work where a permanent hire is not the goal, or a way to test a working relationship |
| Staff augmentation | The vendor | Depends on the vendor | Vendor rates | Defined by the vendor contract | Embedded external team members for a period |
Here's a simple way to decide. If the role is clearly permanent and you want legal cover while you evaluate, choose agency contract to hire or a direct hire. If the need is project-shaped, a freelancer is usually the better fit. If you need an embedded team for a defined period, look at what staff augmentation involves.
Where does goLance fit? It's a freelance platform, not a staffing agency. Talent is pre-vetted, and the platform includes time tracking. goLance charges a flat 7.95% platform fee that can be split between the client and the freelancer, and it markets itself as fee-free for clients when the freelancer carries the fee. If you want to test a specialist on a real scope of work before extending the relationship, this is one way to do it. Freelancers are typically independent contractors, so run the checklist above, and note that any longer-term arrangement is agreed directly between you and the freelancer. For the process itself, see the step-by-step process for hiring a freelancer, and for the wider field, how freelance platforms compare for businesses.
If you decide a freelancer fits the need, the next step is short. You can post a job on goLance and see who responds, and how goLance works with clients on fees is laid out plainly before you commit to anything.
Generally yes, since it's a fixed-term arrangement and no one is bound to convert. The notice terms in your agreement still apply, and an agency contract may add its own terms, so read it before you give notice.
Through a staffing agency, it is normally W-2 employment with the agency. A direct contract-to-hire worker can be W-2 or 1099 depending on the actual working relationship, not the label. See the classification section above and the IRS three-category test for how status is judged.
It's a fee an agency may charge if you hire its contract worker directly. Agreements commonly define it as a percentage of first-year salary, sometimes reduced or waived after a minimum number of hours. Amounts vary by agency and are set in the agreement, so negotiate the schedule and waiver before signing.
Commonly three months to a year. The right length depends on how long it takes to judge fit in the role: a simple role may need a few months, while a complex one may need longer. Whatever you choose, put the end date and the decision point in the agreement.
Often used interchangeably, but not always. Many staffing firms treat the two as the same thing, while others separate them by duration or by how firmly the employer plans to convert. There's no single official definition, so ask the agency how it defines each.
It means a worker starts on a fixed-term contract with the option of becoming a permanent employee. The employer decides at the end whether to convert, extend, or end the arrangement, and the worker can also decline. The worker is typically paid through an agency as a W-2 employee.
It can be, if you have a real conversion plan. It gives you a trial of actual work before a permanent commitment. The trade-offs are agency markup, possible conversion fees, and the risk that strong candidates decline a trial role. Most contract roles don't convert, so plan it as a trial.
A contract job is fixed-term or project-based work with no built-in path to permanent employment. Contract to hire is a contract job with a conversion option attached, so the worker is being evaluated for a permanent role. The contract terms should say which one you have.
It depends on who employs the worker during the contract and on the agreement. A worker on an agency's payroll may receive benefits through the agency, while a direct 1099 contractor typically gets none from the client. There's no universal rule, so confirm benefits and post-conversion eligibility in writing.
The main ones are that strong candidates may refuse, agency markup and conversion fees add cost, ramp-up time is lost if the worker leaves or isn't converted, and direct arrangements carry classification risk. A two-tier workforce can also hurt morale. Weigh these against avoiding a bad permanent hire.