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Assignment on Law Issue (Doc)

   

Added on  2020-05-11

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Running Head: Law 1Law
Assignment on Law Issue (Doc)_1
Law2Issue:Whether Amanda is considered as an employee or an independent contractor in Monks pty Ltd?Law:Numbers of factors are considered by the Court for the purpose of determining the difference between individual who is the employee and independent contractor. However, the most important test conduct by Court was the control accessed by company over the worker which means if individual is work under the control exercised by the company in context of work and company directs the individual for carrying his work then such person is considered as the employee of the company. Some other factors are also considered by the Court while distinguishing between the employee and independent contractor, and these factors are stated below:Any individual who is appointed as part of the business or work performed by individual falls under integral parts of the business hen such individual is considered as employee. However, work performed by individual is only considered as accessory to the business.Employee gets fixed amount of remuneration in the form of salary and wages, but usually independent contractor receives lump sum amount for work done by him.Independent contractor is not bound to work only for one company, which means contractors canwork for more than one company at same time and also not bound by specific working hours. Employee gets regular employee benefits such as annual leave which is paid, provident fund contributions, etc., but these benefits are not available for independent contractor.
Assignment on Law Issue (Doc)_2
Law3Independent contractor provides his own tools and equipment’s for conduct his work but these tools and equipment’s are not provided by employee. Employer manages the tax of employee, but tax of independent contractor is not managed by employer (Singapore Legal Advice, 2016; Ministry of Manpower, n.d.). It must be noted that if Court found that independent contractor is the employee of the company, then company face various liabilities towards the independent contractor. For this purpose, it is necessary that clear line must be drawn between the employee of the company and independent contractor. Employees of the company are those individuals who work as per the contract of service that is employment contracts who works for salary. On the other hand, in case independent contractor works for company as per the contract for services in exchange for an amount of which he done the work and performance work of independent contractor is not done in the directions of company (Andrew, 2011). Difference between contract of service and contract for service is stated below:Contract of serviceContract for serviceIt is an agreement between employer and employee. It is an agreement between employer and independent contractor. In this parties share the relationship of employer and employee. In this parties does not share the relationship ofemployer and employee, and it is the client contractor relationship. Employee is under liability to conduct the business of the employer. No such liability is on the independent contractor, and contractor carries his own business. Employees are covered under the provisions ofemployment law. Independent contractor are not covered under the provisions of employment law.Contract includes the terms of the employment No statutory benefits will provided to
Assignment on Law Issue (Doc)_3

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