POLC36H3 Lecture 3: POLC36 WEEK 3
15 Mar 2017
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Document Summary
Basic parameters of the employment contract employee or contractor relationship b/w employer and employee is one of contract. Common law regime regime created by judges to administer an area of law that has historically been in their purview predominantly which is contract law . Contractor vs employee different implications depending on whether you(cid:495)re an. Common law test to determine whether you(cid:495)re an independent contractor or employee it(cid:495)s an objective test b/c they can(cid:495)t just decide b/w themselves actual. (cid:494)contract of service(cid:495) when you hire an employee. (cid:494)contract for service(cid:495) when you hire a contractor nature of relationship is examined to determine whether it is an employment relationship or not. Focusing on employment relationship b/w employee and employer now* In contract, a subjective test would only look at the intention of the parties. Brief history of the individual contract of employment: master & servant law. Created for two-fold reasons: stabilize work relationships. Common law employment relationship evolved overtime from m&s law.
