11 - Employment LAW

11 - Employment LAW - Employment Law Employment Law...

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Employment Law
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Employment Law Employment or workplace law regulates the day-to-day relationships between the employer and the employee who works for the business. It affects all stages of the relationships , from the time businesses recruit employees until the time an employee resigns, retires, or is dismissed.
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Employment Law contd. . Employment law includes human rights law, contract law, employment standards law, health and safety law, equity law, privacy law, labour relations law and tort law . Employment is based on a special relationship that is historically recognized under the common law as one of master and servant.
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Law divides into two categories: Employees Independent Contractors Independent Contractors: people who carry on an independent business and act for a number of other persons Employment
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Employee v Independent Contractor ( COURT ( without the U )) Courts use two tests to determine if a person is an employee C ontrol –person is subject to control (when/where/how) O rganization –person integrated into the business organization i.e. person is an integral and essential part of the business organization. Employment (continued)
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Courts use two tests to determine if a person is an independent contractor R isk –potential for loss or gain T ools Business Alert Tax Considerations Many businesses call employees independent contractors To avoid paying many taxes and benefits Risk is completely on the employer Employment (continued)
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IMPLICATIONS OF AN EMPLOYMENT RELATIONSHIP IMPLICATIONS employee has certain statutory rights and benefits employee may sue for wrongful dismissal , but this avenue is not available to an independent contractor employer is responsible for the torts of an employee in the course of employment , but not for those of an independent contractor in the course of carrying out the contract (VICARIOUS LIABILITY)
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Employment Law in Canada Once individuals are in a formal employment relationship they are protected by a variety of Federal and Provincial laws . Each province, for example, legislates basic working conditions, such as minimum wages, hours of work, rest periods, eating periods, overtime pay, vacation with pay etc. . Many of these are minimums, it should be noted, & an employee may be entitled to additional protection.
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Employment Law in Canada If Federal law regulates your employer, you are considered an employee under federal authority and are covered by a different set of rules than most other employees in Canada. Employees under Federal authority include employees of the Federal government, banks, airlines, railways, telecommunications, interprovincial transportation, post office and radio and TV stations. The
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This note was uploaded on 02/01/2012 for the course ACF acc330 taught by Professor Hardy during the Spring '11 term at Seneca.

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11 - Employment LAW - Employment Law Employment Law...

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