ADMS 2610 Lecture Notes - Independent Contractor, Session 9, Absenteeism

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pucewildebeest131

9 Aug 2012

School

York University

Department

Administrative Studies

Course

ADMS 2610

Professor

Robert Levine

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Document Summary

Common law: viewed it as a bargain struck between master and servant, not one of pure contract. Employment contract: requires the essential elements of a contract. Issue: employment relationship or not: employee or independent contractor. Fourfold test: (1) ownership of tools, (2) control, (3) chance of profit, (4) risk of loss, replaced the simple control test, still had limitations so they added the organization test. Organization test: a test for employment based upon an examination of the services in relation to the business itself. Are they an integral part of the business or something adjunct or accessory to normal business. Checklist of employment factors: fourfold test. Overall integral part of business (high: if these tests are not met, then the person may be an independent contractor. Significance: employee entitled to rights under law and benefits which independent contract is not. Characteristics: need not be in writing to be enforceable, may need to be in writing under statute of frauds.

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