Origins of Contractual Relationships in Employment Law
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Questions and Answers

What distinguishes a contract of employment from that of an independent contractor?

  • The employee must perform services personally. (correct)
  • The contractor is subservient to the contract but doesn’t render service under the supervision or control of the employer.
  • The employer may choose when to make use of the employee's service.
  • The contractor may perform through others.

    • Which factor indicates a contract between principal and contractor (locatio conductio operis)?

  • Employee must perform services personally.
  • Employer may choose when to make use of the service of the employee.
  • Workmen's Compensation Commission establishes the test.
  • Contractor may perform work within the period fixed by the contract. (correct)

    • What is a key requirement for an employee under a contract of employment?

  • Contractor is subservient to the contract but doesn’t render service under supervision or control of employer.
  • Employee must perform services personally. (correct)
  • Contractor must perform work within period fixed by contract.
  • Contractor may perform through others.

    • Under what type of contract can the contractor perform through others?

    <p>Contract terminates on expiry of period of service contract.</p> Signup and view all the answers

    What differentiates the duties of an employee from those of an independent contractor?

    <p>Employee must carry out lawful commands and instructions of employer.</p> Signup and view all the answers

    What triggers the presumption of employment according to the text?

    <p>The presence of at least 4 out of 7 specified factors in the relationship</p> Signup and view all the answers

    What is the significance of the 'Reality test' in determining an employment relationship?

    <p>It looks at whether the employer has the right to supervision and control over the employee</p> Signup and view all the answers

    What is the role of the 'Dominant Impression test' in the context of employment presumption?

    <p>It is used to assess if there is control or direction over the work</p> Signup and view all the answers

    In cases where a person is presumed to be an employee, what does it shift onto the alleged employer?

    <p>The responsibility to prove that the person is not an employee</p> Signup and view all the answers

    What is one of the criteria identified by the court for determining an employment relationship?

    <p>Whether the employee forms an integral part of the organization</p> Signup and view all the answers

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