ADMS2610-Session9-Ch19

ADMS2610-Session9-Ch19 - ADMS2610 Session 9 Chapter 19 (pg....

Info iconThis preview shows pages 1–3. Sign up to view the full content.

View Full Document Right Arrow Icon
ADMS2610 Session 9 Chapter 19 (pg. 352-370) Contract of Employment - Historically o Relationship of Master/Servant Master and Servant Act of 1867 Adopted in Canada - Common Law o Viewed it as a bargain struck between Master and Servant o Not one of pure contract Nature of the Relationship - Employment Contract o Requires the essential elements of a contract - Issue: Employment relationship or not o Employee or independent contractor - Fourfold Test o (1) Ownership of tools o (2) Control o (3) Chance of profit o (4) Risk of loss o replaced the simple control test o still had limitations so they added the Organization Test - Organization Test o A test for employment based upon an examination of the services in relation to the business itself Look at services of employee Are they an integral part of the business or something adjunct or accessory to normal business - Independent Contractor – Controls: o Initiative to do work o Manner in which the work is done o Does the independent contractor employ others? Indication one is not an employee - Checklist of Employment Factors o Fourfold Test Degree of control (high) Ownership of tools (low) Chance of Profit (low) Risk of loss (low)
Background image of page 1

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full DocumentRight Arrow Icon
o OR Overall integral part of business (high) o If these tests are not met, then the person may be an independent contractor - Significance o Employee entitled to rights under law and benefits which independent contract is not Form of the Contract - Characteristics o Need not be in writing to be enforceable o May need to be in writing under Statute of Frauds If run for a fixed term for more than one year Informal evidence is allowed to prove the contract Exchange of letters Corporation books Many contracts are verbal of indefinite hiring No requirement for a formal document Duties of the Employer - Gen eral Rule o Employers cannot contract out of e m ploym ent legislation o Most provinces h av e e m ploym ent stand ards legislation which s ets out minimu m wag es, hours of work, overtime, holiday p ay, holidays - Two forms of Law o (1) Physical Aspect h e alth and s afety
Background image of page 2
Image of page 3
This is the end of the preview. Sign up to access the rest of the document.

Page1 / 6

ADMS2610-Session9-Ch19 - ADMS2610 Session 9 Chapter 19 (pg....

This preview shows document pages 1 - 3. Sign up to view the full document.

View Full Document Right Arrow Icon
Ask a homework question - tutors are online