Employment (4) Flashcards
Independent Contractor
Worker in business for himself and is not an employee
Employee
Worker who is in a position of subordination to an employer and subject to rules set out in an employment contract
Commercial Contract
Contract between two businesses, including a business in the form of an independent contractor
Vicarious Liability
Legal rule under which an employer is liable for damage caused to a third party by one or more employees
Dependent Contractor
Worker whose status falls in between that of an employee and an independent contractor.
More autonomy and independence than typical employee BUT remains economically dependent of one customer for income and is subject to considerable control at the hands of that customer
Courts have rules dependent contractors should in some respect be treated as if they are employees
= entitled to reasonable notice of termination
Gig Economy
Economic arrangement by an exchange of labour for money that is facilitated by an app or electronic platform that connects customers to workers
Sagaz Decision
Determine the employment status?
Depends on the level of control the employer had over the “employee” = worker resemble an entrepreneur or an employee at service of the company?
Whose business is it?
Unpaid Intern
Term used to describe a person who performs work for a business or receives training by a business but who is not paid for that work
Standard employment relationship
Model of employment characterized by stable, long-term job security, full-time hours, decent benefits, wage rates that rise steadily over time
Own account self-employment workers
Independent contractors who have no employees
Precarious Work
Work that is defined by characteristics such as job insecurity; short job tenure; low pay; few benefits; low c.b. coverage; sporadic, limited, unpredictable work hours
Oshidashi
Sumo: push opponent out of the circle while maintaining hand contact all the time
Companies attempt doing it with their workforce
Push workers outside boundaries of employment law while maintaining control and contact over them
Lazy Boy and Canac Kitchen case
Attempt to push employees out of the boundaries of employment contract while at the time maintaining control over them