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For example, the legal status of a worker as an independent contractor or employee is fundamental in determining the rights of a worker, particularly in light of the increasingly employee centric protective legislative framework.
The focus of this paper is to critically evaluate the approach of the judiciary to employee status and in particular to consider the advantages and disadvantages of each test. The conventional approach has been to implement checklist tests to distinguish between independent contractor and employee and it is submitted at the outset that the issue remains contentious particularly in light of the continuous changes in working practices. To this end, it is submitted as a central proposition in this paper that whilst the traditional test of employee status was logical in distinguishing between employee and self-employed; the changing nature of contemporary work arrangements have led to inconsistency in tribunal determinations distinguishing between employee and self employed status.
In turn, the central disadvantage of the judicial approach to employee status is that whilst attempting to frame the test as definitive legal principles; the results have sometimes fuelled uncertainty (Pitt 2007). This is further supported by the earlier empirical study of Burchell et al on “Employee Status of Individuals in Non-standard Employment” (1999), which asserted that “there is concern that the existing classifications fail to reflect the growth of certain flexible or non-standard forms of employment, in particular causal work, zero hour contracts, fixed terms and task employment and freelancing” (Burchell et al, 1999, p.5).
From a statutory perspective, the legal definition of employee is described under Section 230(1) of the Employment Rights Act 1996 (ERA) as “an individual who has entered into or works under……..a contract of employment”. The section 230 definition has been criticised for being
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Name: Instructor: Course: Date: Employment Law Employment law seeks to act as a guideline for sound practices by employers and employees in the work environment to safeguard them from exploitation and unethical practices. ABC Manufacturing company posses a decentralized human resource (HR) model where each department operates on its own set of HR practices with the head HR manager’s role being as a general overseer.
Name: Instructor: Course: Date: Employment Law Disability is term that is used to describe the situation where an individual has one or more of their faculties being incapacitated, not functioning properly or missing. Disability is caused by a myriad of factors from natural ones to man made factors.
There are basically two aspects regarding employment status, firstly, paid covenanted employees and secondly, agency sponsored workers; therefore the essence would lie in the characteristics of the terms and
velopment of different working structures to accommodate the modern business environment has rendered the complex area of employment law a legal minefield. The significant variances in contemporary working relationship structures have compounded the need for legal certainty
The paper focuses on the discussion and analysis of the problems faced by a female employee. She was stated to witness certain unwanted attention from the male employees who were included in the group of employment selection at the time of her interview. These consequences proved ruining for her as she had to suffer emotional distress.
The above passage would be a perfect start for lecture on employment law. People prefer to know only what they need to know at the very moment. The majority of people do not understand why they need to learn employment law. They think that they can apply to lawyer if they need
The conclusion from this study states that despite the negativity that media, especially western ones, tend to propagate concerning Saudi women, these women are increasingly taking on a prominent role in society which allows them to not only become active participants in the workplace but also get involved in economic activities which were previously denied them.