Contract For Service vs. Contract of Service
Distinguishing between a contract of service (employee) and a contract for services (independent contractor) is vital in determining workers rights, and the obligations owed by their employers. Sometimes it is not clear whether a person is an employee or an independent contractor, which can lead to disputes between workers and employers. This essay discusses how to distinguish between a contract of service and a contract for services by looking at the intention of the parties then, by using 4 tests established by the Courts. It also looks at the reasons it is important to distinguish between an employee and an individual contractor because of the differing rights obtained by employees and independent contractors. First the history about how the employer and worker agreement was previously decided, by looking at the Employment Contracts Act, changed to looking at the Employment Relations Act to distinguish.Previously the Employment Contracts Act 1991 clearly expressed “contractual intentions of the parties prevailed over all other considerations” (http://www.bzone.co.nz/employment/0,,1836-981618,00.html) so if the contract was entirely in writing, that was the end of the inquiry. But now, under the new law, section 6(2), of the
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Some common words found in the essay are:
Employment Court, Relations Act, Barry Travis, Dorris Waters, , Economic Reality, Court Appeal, Court Authority, Real Estate, Contracts Act, independent contractor, contract service, employment relations, contract services, relations act, employment relations act, nature relationship, service contract, contract service contract, service contract services, test looks, integration test, control test, real nature relationship, employment contracts act,
Approximate Word count = 1897
Approximate Pages = 8 (250 words per page double spaced)
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