Employment Law - Part One
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Questions and Answers

What distinguishes an employment contract from a contract with an independent contractor?

  • A contract with an independent contractor includes health benefits.
  • An independent contractor must always work under strict supervision.
  • An employment contract requires a specialized skill.
  • An employment contract places a person's service at the disposal of the master’s direction. (correct)

Which test is used to determine if a relationship is classified as a 'contract of service'?

  • The economic reality test
  • The integration test
  • The purpose test
  • The control test (correct)

In which case was the control test applied regarding a circus owner and a trapeze artist?

  • Smith v O'Neill
  • Mersey Docks and Harbour Board v Coggin & Griffith (Liverpool) Ltd
  • Yewen v Noakes
  • Zuijs v Wirth’s Bros. Pty Ltd (correct)

What aspect does the control test examine in determining employment relationships?

<p>The authority to control the manner of work execution. (B)</p> Signup and view all the answers

What outcome is established if an employer has authority over the execution of an act?

<p>The employer is liable regardless of negligence. (C)</p> Signup and view all the answers

Under which type of contract is a worker considered as part of the business?

<p>Contract of service (B)</p> Signup and view all the answers

In Cassidy v Ministry of Health, what was the critical aspect that led to the conclusion of the surgeon being an employee?

<p>The level of control exerted by the hospital (C)</p> Signup and view all the answers

What emphasizes the distinction between employees and independent contractors in the Economic Reality test?

<p>The opportunity for profit and risk undertaken (A)</p> Signup and view all the answers

What is a critical factor in determining if someone is performing services on their own account according to Market Investigations v Minister of Social Security?

<p>Whether services are performed in a business on their own account (D)</p> Signup and view all the answers

What did the Privy Council affirm in Lee Ting Sang v Chung Chi-Keung regarding a mason's employment status?

<p>He was considered an employee because of priority given to the main sub-contractor (D)</p> Signup and view all the answers

Which test asks an ordinary person’s opinion to define a contract of service?

<p>Ordinary person test (D)</p> Signup and view all the answers

In the context of employment classification, which of the following indicates a contract for service?

<p>The individual bears the financial risks of their work (D)</p> Signup and view all the answers

What underlying principle is established by Stevenson Jordan v MacDonald & Evans regarding contracts of service?

<p>Work integration into the business defines employment status (D)</p> Signup and view all the answers

What key factor contributed to the gym instructor being classified as an independent contractor in PP v Jurong Country Club?

<p>The instructor was able to design personal training programs. (D)</p> Signup and view all the answers

Which test did the Court of Appeal in BNM v NUS mention as not being the only decisive factor for establishing the nature of the relationship?

<p>Control test (C)</p> Signup and view all the answers

In the context of independent contractors, what aspect was treated as neutral regarding the gym instructor's relationship with the club?

<p>The use of a punch card to log hours. (D)</p> Signup and view all the answers

What significant factor did the Court of Appeal note about Hydro in BNM v NUS that distinguished it from NUS in terms of liability?

<p>Hydro undertook financial risks and retained profits. (D)</p> Signup and view all the answers

What conclusion can be drawn about the multiple factors test applied in PP v Jurong Country Club?

<p>Qualitative factors can take precedence over quantitative factors. (B)</p> Signup and view all the answers

What aspect of the gym instructor's role indicated a level of independence in their work arrangement?

<p>Their ability to take personal clients after hours. (C)</p> Signup and view all the answers

Why did the court in BNM v NUS think Hydro held control over the lifeguards?

<p>Hydro selected lifeguards for deployment. (A)</p> Signup and view all the answers

What general principle regarding contracts did the case of PP v Jurong Country Club illustrate?

<p>The intentions of the parties are paramount in contract interpretation. (C)</p> Signup and view all the answers

Who qualifies as an 'employee' under this Act?

<p>A government officer declared as an employee by the President (D)</p> Signup and view all the answers

Which category is explicitly excluded from the definition of 'employee'?

<p>Domestic workers (B)</p> Signup and view all the answers

What is the meaning of 'employer' in this context?

<p>Any person employing another person under a contract of service (A)</p> Signup and view all the answers

Who is classified as a 'workman' as per the provided definitions?

<p>A skilled laborer engaged in manual labor (C)</p> Signup and view all the answers

Which of the following is not included as a 'workman'?

<p>A domestic worker (C)</p> Signup and view all the answers

What differentiates a 'workman' from a regular employee?

<p>Workmen must perform manual labor (C)</p> Signup and view all the answers

What can the Minister of Manpower do regarding the definition of 'employee'?

<p>Declare any person to be an employee (A)</p> Signup and view all the answers

What criteria does a person who supervises workmen need to meet to still be considered a 'workman'?

<p>Their supervision time must be less than half of their total work time (A)</p> Signup and view all the answers

What is the first condition that must be met for a person to be considered an employee?

<p>There must be mutuality of obligations to provide work for remuneration. (D)</p> Signup and view all the answers

In the context of the multiple factors test, which element determines the extent of the employer's control over the employee?

<p>The right of control element. (B)</p> Signup and view all the answers

Why were the free-lance hostesses considered employees of the karaoke bar?

<p>The bar determined their hourly rates and controlled guest interactions. (D)</p> Signup and view all the answers

What role did the bar's management have over the hostesses that contributed to their classification as employees?

<p>Management had the right to dismiss them for misconduct or terminate their service. (D)</p> Signup and view all the answers

Which of the following is NOT a condition of the multiple factors test in determining employee status?

<p>The relationship must be mutually beneficial. (D)</p> Signup and view all the answers

What aspect distinguished the hostesses’ employment status from those who are independent freelancers?

<p>The integral nature of their services to the bar’s business. (D)</p> Signup and view all the answers

Which is a key characteristic of the 'other factors' element in the multiple factors test?

<p>It evaluates whether provisions in the contract align with an employment relationship. (B)</p> Signup and view all the answers

What conclusion can be drawn from the case of Kureoka Enterprises regarding employee classification?

<p>Control and service integration are crucial for employee classification. (A)</p> Signup and view all the answers

What is the time frame within which an employer must provide the Key Employment Terms (KETs) to an employee after the start of employment?

<p>14 days (C)</p> Signup and view all the answers

Which of the following constitutes a prescribed minimum term for service contracts?

<p>Any continuous period of 14 days or more (D)</p> Signup and view all the answers

What action constitutes an offense under section 101(a) of the Employment Act?

<p>Wilful refusal to furnish particulars within the allowed time (C)</p> Signup and view all the answers

In the context of employment contracts, what does 'commencement' refer to?

<p>The contractual agreement date despite the start date (D)</p> Signup and view all the answers

What might happen if a prospective employee informs their first employer that they will not start, opting for a different job instead?

<p>They could be sued for anticipatory breach of contract (B)</p> Signup and view all the answers

How must employers ensure that the KETs are accessed by employees?

<p>By publishing them on a website accessible to employees (B)</p> Signup and view all the answers

What is the potential consequence of not providing the KETs as required by the Employment Act?

<p>Wilful refusal is considered an offense (B)</p> Signup and view all the answers

What does ‘anticipatory breach’ refer to in the context of employment contracts?

<p>Changing a job offer before the contract commences (D)</p> Signup and view all the answers

Flashcards

Master-Servant Relationship

An employee is under the direction of their employer and must perform their work according to the employer's instructions.

Contract for Services

An independent contractor works for a client but is not subject to their employer's direct control. They primarily provide a finished service.

Control Test

This test examines whether the employer has the right to dictate how the employee performs their work. If the employer has control, even if they rarely interfere, the employee may be considered an employee.

Zuijs v Wirth s Bros. Pty Ltd (1955)

A legal case that illustrates the 'control test'. The court determined that a circus owner had control over a trapeze artist, even though the performer relied on their own skills for execution.

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Mersey Docks and Harbour Board v Coggin & Griffith (Liverpool) Ltd (1946)

This case further emphasizes the importance of control. The owner's right to control the crane operator's work, even if not exercised, was enough to deem him an employee.

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Integration Test

This test focuses on whether the person is an integral part of the employer's business, or whether their work is simply accessory to it. If someone is employed "as part of the business," they are likely an employee under a contract of service. Conversely, if their work is "accessory to" the business, then they are likely an independent contractor working under a contract for service.

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Ordinary Person Test

This test assesses if the majority of judges would consider a person an employee based on the circumstances of their work. It uses general understanding of the terms "contract of service" and "contract for services", considering the overall context of the relationship.

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Economic Reality Test

This test focuses on the 'total situation,' analyzing factors like control, risk, and profit potential. It considers whether the person is essentially running their own business or if they are primarily working for the benefit of the employer.

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Business on Own Account Test

This is a primary test in deciding between contract of service and contract for services. It asks if the person performing the services is doing so as part of their own business. If they are, then it is a contract for services; if not, it is a contract of service.

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Control Test Explained

A legal test that examines the degree of control an employer exerts over the work performed by an individual.

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Control Test Application

A legal test used to determine employment status based on the employer's right to control the work, even if they rarely interfere.

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Control Test in Employment Law

A test in employment law that examines whether an employer has the right to control how the employee performs their work.

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Control Test Case Study

A case that emphasizes the importance of the employer's right to control the work, potentially leading to employee status.

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Control Test - Essence

The control test emphasizes the employer's ability to direct or influence the worker, even if rarely applied.

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Understanding the Control Test

The control test examines the level of direction and influence an employer can exercise over a worker's performance.

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Multiple Factors Test (MFT)

A test used to determine if a worker is an employee or an independent contractor. It considers three key elements: mutuality of obligations, control by the employer, and overall consistency with a contract of service.

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Mutuality of Obligations

This element of the Multiple Factors Test ensures that both the worker and the employer are obligated to provide services and payment respectively.

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Control by the Employer

This element assesses if the employer has the right to control how the worker performs their tasks. This includes setting schedules, determining work methods, and having ultimate authority over the work process.

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Other Consistent Provisions

This element assesses if the other aspects of the contract are consistent with an employment relationship, considering factors like employee benefits, tax deductions, and overall working conditions.

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Kureoka Enterprises Pte Ltd v CPF Board

A case that applied the Multiple Factors Test in Singapore. It determined that free-lance hostesses at a karaoke bar were employees despite their ability to choose their work hours.

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Personal Services

This involves the worker providing their own personal skills and services to the employer's benefit.

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Sufficient Control

The employer has sufficient control if they set the rates of pay, dictate the type of work activities, and have the authority to dismiss the worker.

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Essential Part of Business

The worker's services should be integral and essential to the employer's business operations.

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Who is an "employee"?

A person who works under a contract of service with an employer and includes a workman.

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Who is an "employer"?

Any person who employs another person under a contract of service.

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Who qualifies as a "workman"?

This category includes people who perform manual labor, including skilled, unskilled, apprentices, and artisans. This does not include domestic workers or seafarers.

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Why is it important to understand who an 'Employee' is?

They are considered employees for the purposes of the Act, which includes the rights and responsibilities outlined by the law. This can include aspects like working conditions, wages, and benefits.

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Who might be excluded from being an "employee"?

For example, they might not be considered "employees" for certain parts of the Act.

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What is a "contract of service"?

This is a legal relationship where one party (the employer) has the right to control the work of the other party (the employee).

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What is a "female employee"?

The law provides additional protections and rights for female employees in specific areas, such as maternity leave.

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What is the "control test"?

This test examines whether the employer has the right to control how the employee performs their work. If the employer has control, even if they rarely interfere, the employee may be considered an employee.

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Key Employment Terms (KETs)

A written record summarizing essential employment terms an employer must provide to a new employee within 14 days of their start date. It applies to contracts of service with a minimum duration of 14 days or more, entered into after April 1, 2016.

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Commencement of Employment

The moment a contract of service begins and the employee's primary obligations to work start.

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Anticipatory Breach of Contract

A legal situation where a party to a contract signals their intention to break the contract before the actual performance date. For example, an employee might refuse to start a job they were hired for.

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Failing to Provide KETs

A legal offense under the Employment Act of Singapore. Failing to provide a written record of KETs to an employee within the specified time frame (14 days) without a valid reason constitutes a legal violation.

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Obligation to Be Ready and Willing

The legal obligation to be ready and willing to start work on the agreed-upon date, even if the actual work doesn't begin until later.

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Study Notes

Employment Law - Part One

  • Employment Contract & Relationship: Employment is categorized as either a contract of service (where the employee's services are at the employer's disposal) or a contract for services (where an independent contractor provides specific services).

  • Tests for 'Contract of Service': Several tests exist to determine whether an employment relationship exists, including:

    • Control Test: Does the employer have the right to control the manner in which the work is performed?
    • Integral Part of Organization Test: Is the employee's work integrated into the employer's business operations?
    • Ordinary Person Test: Would a reasonable person consider the worker an employee based on the facts?
    • Multiple Factors Test: Considers various aspects of the relationship, such as mutuality of obligations and the right of control, to determine the nature of the employment.
    • Tests in Singapore: Legislation, case law, and the "business on own account" test inform the determination of the worker's status.

Uses of 'Contract of Service' and Variations

  • Singapore Employment Act 1968: Defines "employee" as a person working under a contract of service with an employer, including governmental employees in specific categories; but excludes certain individuals like seafarers, domestic workers, and others as determined by the Minister of Manpower. Defines "employer" similarly. Key entities are "employee" and "employer"

  • Other Legislation: Other laws, like the Retirement and Re-Employment Act 1993, and Workplace Safety and Health Act 2006 also define who is an "employee" within their specific contexts.

Employees under Other Employment Statutes/Laws

  • Retirement and Protection Against Premature Retirement Act 1993: Employee is defined as a person who has entered into or works under a contract of service.
  • Workplace Safety and Health Act 2006: Employee is defined as any person employed by an employer under a contract of service; includes apprenticeships.

Nature of Employment Relationship

  • Essence: Employment is a cooperative relationship based on trust and confidence, where an employee places their service at the employer's disposal, and the employer provides remuneration. This relationship is shaped by statute (e.g., Employment Act) and contract.

  • Contract vs. Status: The Employment Act establishes minimum standards for employment contracts, and contracts that fail to meet these standards are deemed unenforceable.

  • Consequences of Non-inclusion as 'Employees': Independent contractors aren't protected by the Employment Act in terms of CPF contributions, work injury compensation, retirement benefits or workplace safety.

  • Making of an employment contract: Includes essential elements like agreement, intention to create legal relations and consideration. Probationary periods are often a part of employment contracts. Ensuring a clear written contract with terms of employment is crucial.

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Employment Law Outline Notes PDF

Description

This quiz covers the fundamental aspects of employment law, focusing on employment contracts and the tests to determine the existence of an employment relationship. You will explore concepts such as control, integration, and various tests used to classify the nature of employment. Ideal for those studying employment law principles.

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