材料全屏 Dan operated a business for many years. Until recently, Eve and Fred both worked for Dan and were described as self-employed and paid tax as self-employed persons. Dan provided all of the computer equipment and software they needed to perform their jobs. Eve was required to work solely on the projects Dan provided, and she had to attend Dan's premises every day from 9am until 5pm. Fred usually worked at home and was allowed to work on other projects. Fred could even arrange for his work for Dan to be done by someone else if he was too busy to do it personally. After three years of employment, and as a result of a downturn in his business sector, Dan has told Eve and Fred that there will be no more work for them and that they will not receive any further payment or compensation from him for their loss of work. 26 【论述题】 State how courts decide whether a person is employed or self employed
【参考答案及解析】
The distinction between employees and independent contractors depends on many factors. The courts will primarily look at the reality of the situation rather than accept the form of the arrangement at face value. Initially, they will look at the relationship between the parties and any agreement between them. Where the 'employee's' status is still unclear, a series of tests will be applied; the control, integration and economic reality (multiple) tests
The distinction between employees and independent contractors depends on many factors. The courts will primarily look at the reality of the situation rather than accept the form of the arrangement at face value. Initially, they will look at the relationship between the parties and any agreement between them. Where the 'employee's' status is still unclear, a series of tests will be applied; the control, integration and economic reality (multiple) tests