IT - Employed or Self-Employed? Flashcards

1
Q

Determining Employment Status

Case Law Has Dictated 4 Factors Must be Present for Employee Classification. These are:

A
  • Mutuality of Obligation;
  • Wage Paid to The Worker (Not a Third Party);
  • Personal Service;
  • Control.
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2
Q

Key Factor: Mutuality of Obligation

Employment is Present Where a Worker is Obliged to:

A
  • Accept Work From an Engager;
  • Perform Tasks Delegated to Them.

Obvious From Any service Contract Between the Two Parties

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3
Q

Key Factor: Personal Service

Self-Employment is Present Where:

A

A Person Can Decline Service and Provide a Substitute in Their Place.

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