Podcast
Questions and Answers
What distinguishes a contract of employment from that of an independent contractor?
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)?
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?
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?
Under what type of contract can the contractor perform through others?
What differentiates the duties of an employee from those of an independent contractor?
What differentiates the duties of an employee from those of an independent contractor?
What triggers the presumption of employment according to the text?
What triggers the presumption of employment according to the text?
What is the significance of the 'Reality test' in determining an employment relationship?
What is the significance of the 'Reality test' in determining an employment relationship?
What is the role of the 'Dominant Impression test' in the context of employment presumption?
What is the role of the 'Dominant Impression test' in the context of employment presumption?
In cases where a person is presumed to be an employee, what does it shift onto the alleged employer?
In cases where a person is presumed to be an employee, what does it shift onto the alleged employer?
What is one of the criteria identified by the court for determining an employment relationship?
What is one of the criteria identified by the court for determining an employment relationship?
