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Employment law

Employed or self-employed

Introduction

There are two types of working relationship:

Self-employed
Employee (independent contractor)
Works under a contract of
service Works under a contract for
services

1.2 Tests used to determine the worker’s status

The courts apply a multiple test in determining if an employment relationship exists.
There are three essential elements that must be present for a contract of service:

 The worker must have agreed to perform the work himself unless the employer
expressly agrees to delegation.

 There must be an element of control exercised by the employer.

 There should be mutuality of obligations; the employer must be obliged to
provide work (or payment if no work is available) and the employee should be
obliged to perform said work when provided.

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