Employee Determination: An employee is a person who agrees to work for another person (employer), under the contract service, to perform a specific duty for some form of payment. The types of payment include salary, commission, wages and piece rates.
Different types of employees include home workers, seasonal employees, fixed-term employees, probationary and trial employees, casual and part time employees, and people who have been offered and accepted a job.
On the other hand, as is mostly confusing, self employed or independent contractors are not employees according to the employment law. Likewise, share holders, independent agents, and volunteers who do not receive a reward for their working, do not fall under the definition of an employee.
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agency was the one that gave the conditions of work as well as supervising the employee. The court weighed all the relevant factors and noted that the city had the greatest control over the employee; therefore, the real employer.
Oblivious of the fact that there may be conflicting determination of employees and contractors, it is imperative to analyze presented cases one by one. It is crucial to seek advice when establishing an employer-employee relationship or an independent contractor relationship for every business.
Also worth noting, an employer should sign a contract with workers that can be used to distinguish between a contractor and an employee. Certainly, this would help a lot in determining the status of a worker, and avoid future identity conflicts.
Bennett-Alexander, D., & Hartman, L. P. (2009). Employment law for business. Boston: McGraw-Hill/Irwin.
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