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Labor Law essay (employees v contractors)
76015 - Labour Law
16 Found helpful • 7 Pages • Essays / Projects • Year: Pre-2021
This essay will examine the implications of the current common law test for distinguishing between an employee and an independent contractor (“IC”) in general; and will focus for the situation where one party to a work contract asserts that the worker is a contractor. Through the analysis of the application of this test in case law, it appears that the indicia of this test are ambivalent in nature. This raises the issue of sham contracts. Furthermore, this essay will examine the reasons and implications of such contracts. Finally, the importance of determining the nature of the work relationship is assessed in light of the analysis of the current test.
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