The Status of Employee

Abstract

A distinction has to be drawn between a contract of service or a contract of employment on the one hand and a contract for services on the other. In the former situation the person employed is an employee, (or a ‘servant’ as he is often referred to in case law), in the latter he is an indpendent contractor. The particular requirement of a contract of service is the right of the employer, (or ‘the master’) to have, inter alia, residual control, (which may in some instances be reduced to being a mere formality), over the employee, although as will be examined later, other factors are equally applicable.

Citation

Carby‐Hall, J.R. (1983), "The Status of Employee", Managerial Law, Vol. 25 No. 1, pp. i-9. https://doi.org/10.1108/eb022403