The regulation of the relationship between an employer and an employee is derived from 2 primary sources i.e. (i) statutes and (ii) the contract. The employment relationship is the legal link between employers and employees . It exists when a person performs work or services under certain conditions in. Contract. A contract is of a very big importance for employee/employer relationship. A contract is a promise or a set of promises for the breach of the which the.
However, if one worker hires, supervises, and pays the other assistants pursuant to a contract under which the worker agrees to provide materials and labor under which the worker is responsible only for the attainment of a result, this factor indicates an independent contractor status. A continuing relationship between the worker and the person s for whom the services are performed indicates that an employer-employee relationship exists.
EMPLOYMENT LAW WEEK 2 : CONTRACTUAL RELATIONSHIP BETWEEN EMPLOYER- EMPLOYEE 1.
A continuing relationship may exist where work is performed at frequently recurring although irregular intervals. Set Hours of Work. The establishment of set hours of work by the person s for whom the services are performed is a factor indicating control.
If the worker must devote substantially full-time to the business of the person s for whom the services are performed, such person s has control over the amount of time the worker spends working and impliedly restrict the worker from doing other gainful work.
Contractual Relations between an Employer & Employee | B Mathew - JDSupra
An independent contractor, on the other hand, is free to work when and for whom s he chooses. If the work is performed on the premises of the person s for whom the services are performed, that factor suggests control over the worker.
Order or Sequence Set. Often, because of the nature of an occupation, the person s for whom the services are performed does not set the order of the services or set the order infrequently.
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It is sufficient to show control, however, if such person s retains the right to do so. Oral or Written Reports. A requirement that the worker submit regular or written reports to the person s for whom the services are performed indicates a degree of control.
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