What factors define the relationship between a service provider and an employer according to the case law?
Understand the Problem
The question involves analyzing case law factors that define the relationship between a service provider and an employer, focusing on aspects like equipment provision, financial risk, and responsibilities. It seeks to understand whether certain conditions indicate self-employment or employment status.
Answer
The relationship is defined by equipment, hiring helpers, financial risk, investment responsibility, opportunity for profit, and the law's determination.
The relationship between a service provider and an employer is defined by various factors, including the supply of own equipment, hiring helpers, financial risk, responsibility for investment and management, opportunity for profit, and the parties' intentions. However, the relationship is ultimately determined by the law rather than any labels the parties may use.
Answer for screen readers
The relationship between a service provider and an employer is defined by various factors, including the supply of own equipment, hiring helpers, financial risk, responsibility for investment and management, opportunity for profit, and the parties' intentions. However, the relationship is ultimately determined by the law rather than any labels the parties may use.
More Information
In determining an employment relationship, factors such as who supplies the equipment, whether helpers are hired, level of financial risk, investment responsibility, and the opportunity for profit are considered. These factors collectively shape the relationship, although legal interpretation supersedes the expressed intentions of the parties involved.
Tips
A common mistake is assuming the expressed intention of the parties or any contractual labels are decisive. Instead, the actual working arrangements and obligations take precedence.
Sources
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