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.
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
3
Q
Key Factor: Personal Service
Self-Employment is Present Where:
A
A Person Can Decline Service and Provide a Substitute in Their Place.