商务契约关系outcome2.doc

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Case1 Contract of service relates to a person in employment. Contract for service relates to a person who is self-employed and who provides services to clients. In term contract of services is referred to in the employment and tax legislation, a person who works under a contract of service is: an employee for payroll purpose and for employment rights purpose, and a works for other employment rights purpose. In contract, a person who works under a contract for services, is neither an employee nor a worker, there is on requirement for an employer to put such a person on the payroll, rather payment may be on invoice. If you have contract of service, none of them you can get: pay him or her, provide the job, duty, have holiday and pay for the money, pay for the insurance. Contract of service of an employee, they protection by the law, and has benefit, they have right to claim under unfair dismissal. Contract for service of an independent contractor, and no benefit. In the case, Cameron is an independent contractor; it means that he was employed under a contract for service, so it means there is no benefit, he has responsibility for his accident, he has to pay repair, insurance, maintain the bus. Cameron rates would be paid by the TTP, he was to wear the TTP uniform and the company would pay for major repairs to the bus. However, he would hire a replacement driver with the consent of TTP if he was unable to drive himself at anytime, in the case; his sister is a replacement drives. Cameron is an independent contractor, so he has responsibility for his action. Commercial agent is an independent, because this regulation only applies to those who are self-employed, and who buy and sell goods for their principal. According to the control test, for example, a taxi driver can choose his route whereas a chauffeur follows a route given by an employer. In the case, there is nothing in Cameron arrangement with PCL which prevents him from working for any

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