Employment Relationship Analysis
1. Existence of mutual obligations between the firm and an individual gives rise to the employment relationship.
2. Control and regulation of the work of an individual by the firm gives rise to the employment relationship.
3. Other relevant provisions in the contract which are inclined towards an individual being in an employment relationship.
In case of a decision given by the Ready Mix method, one does not need to rely on the nature of relationship and the name which is given to the relationship by the firm and the individual; the court can go beyond this to find the real relationship between the parties. Employment does not become self employment if it has been characterized as such by the parties to the contract.
Yet another test for determination
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198), primacy of fact plays a vital role in the determination of the relationship of employment. As per R. 198, Article 9, such a relationship should be primarily determined by taking into consideration the facts which show as to how the work is to be performed, i.e. the manner of performance of work, how is the remuneration to be paid to the worker, etc. This consideration should prevail over any other contrary agreement that may have been entered between the parties which characterize such a relationship in any other …show more content…
freedom of association
b. collective bargaining
c. minimum wages
d. working time and other working conditions
e. statutory social security benefits
f. access to training
g. occupational safety and health
h. compensation in case of occupational accidents or diseases
i. compensation in case of insolvency and protection of workers claims
j. maternity protection and benefits
k. parental protection and benefits.
Article 13 R198 lays down the elements that indicate that employment relationship exists. They are :
a. Manner in which the work is carried out, i.e. as per the instructions and control of the employer.
b. Worker must be integrated in the enterprise
c. The work performed is particularly and entirely for another person’s benefit
d. The worker must carry out the work personally
e. It should be carried out during the specified working hours and at the agreed workplace
f. Involves continuity of work
g. The employer is bound to provide the individual with the tools, materials and machinery
h. Remuneration is the only source of income for the worker
i. There is a complete absence of financial risk for the worker and the employer is bound to provide him with the bonus, paid leave, annuity, sick allowance, gratuity,
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