LAWS 3401 Lecture Notes - Lecture 2: Independent Contractor, Work Permit, International Labor Standards
24 Nov 2015
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Each workers may have different legal status. Parties engaged in a working relationship: contract of service. Engaged in a contract for their services (cid:2) (cid:2) (cid:2: contract for service. Vulnerable and do not have the same basic protection as employee. Employers like independent contractors since it minimizes their positions obligations. Employers can style employees as an independent contractor. Comes down to courts determination if there is a dispute between (cid:2) through their contract (cid:2) employee/independent contractor and employer (cid:2) (cid:2) of work organization. Determination of employee are affected by the contemporary system: first common law test for determining an employee status, employer exercise a substantial degree of control of how the employee would perform their job. Specification of job: today the discretion is given to employee of how to do their, today the employer has to have control but not as substantial job as before (cid:2) Made it a lot harder to determine who is employee.
