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Article
Publication date: 1 November 2005

Henry Gunawan and Brian H. Kleiner

Whether a worker is an employee of a business or an independent contractor with that business is an issue that can have many significant problems. Generally, an employee…

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Abstract

Whether a worker is an employee of a business or an independent contractor with that business is an issue that can have many significant problems. Generally, an employee is someone who works for an employer. An employee is controlled by the employer and has little discretion in the timing and performance of his tasks. According to Wilson, on the other hand, “independent contractors contract to do work and have the ability to perform the work without being subject to the control of the employer as long as they meet the expected results required by the contract (Wilson, 1999).” In short, independent contractors are independent business people who are hired to perform specific tasks. They are just like any other vendor, except they perform services rather than provide tangible goods and basically are in the business for themselves. Thus, they are not the hiring firm’s employees. They are not eligible for unemployment, disability, or workers compensation benefits (California Chamber of Commerce, 1991). There is no certain and consistent definition to distinguish an employee and an independent contractor. However, there are a number of rules that govern whether someone is an employee or an independent contractor; and each of the rules has its own characteristic in determining the issue.

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Management Research News, vol. 28 no. 11/12
Type: Research Article
ISSN: 0140-9174

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Article
Publication date: 1 February 2005

J. Luis Fragoso and Brian H. Kleiner

The purpose of this report is to help the reader understand the difference between independent contractors and employees. Employers use independent contractors for many…

1252

Abstract

The purpose of this report is to help the reader understand the difference between independent contractors and employees. Employers use independent contractors for many reasons, including cost, seasonal fluctuations, temporary assignments or highly skilled services. Independent contractors are different from employees in that they usually are not eligible for benefits such as health insurance or paid time off, are not covered by workers’ compensation insurance and are responsible for submitting their own income taxes to the Internal Revenue Service. However, someone does not become an independent contractor just because he or she is labelled that way, is not offered certain benefits or because her or his income taxes are not with held. In fact, not even the signing of a contract or agreement ensures that the independent contractor will not be classified as an employee by a government agency or the courts. The ultimate test to determine whether some one is an employee or an independent contractor is the degree of control an employer exercises over that individual’s work.

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Management Research News, vol. 28 no. 2/3
Type: Research Article
ISSN: 0140-9174

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Article
Publication date: 1 December 1999

Low Sui Pheng and Wee Tian Sin

Presents the principles of thirty six Chinese classical strategies which includes strategies for attack, strength, confrontation, confusion, gaining ground and desperate…

Abstract

Presents the principles of thirty six Chinese classical strategies which includes strategies for attack, strength, confrontation, confusion, gaining ground and desperate situations. Applies these to strategic planning and marketing rather than the traditional use on battlefields. Uses anecdotal evidence to give examples and suggests that they are relevant to many other business areas.

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Asia Pacific Journal of Marketing and Logistics, vol. 11 no. 4
Type: Research Article
ISSN: 1355-5855

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Article
Publication date: 1 June 1998

Georgios I. Zekos

Looks at the practice of stipulating in international contracts which country’s law should govern any disputes that arise, using a governing‐law clause. Considers the…

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Abstract

Looks at the practice of stipulating in international contracts which country’s law should govern any disputes that arise, using a governing‐law clause. Considers the regulations relating to contractual matters of conflict of laws laid down by the 1980 Convention on the Law Applicable to Contractual Obligations, which exclude bills of lading unless they are regarded as non‐negotiable instruments. Outlines the treatment of conflict of laws relating to bills of lading under Greek, US and English law, citing legal cases as examples, and reveals that in all three legal systems the choice of the applicable law, set out in the contract itself, is included in the bill of lading. Uncovers contradictions in the Greek and English approaches to the contractual role of bills of lading, and suggests that a uniform approach must be adopted, following the lead of US legislation, which clearly specifies that the bill of lading is the contract of carriage in which the choice of law is explicitly stated.

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Managerial Law, vol. 40 no. 3
Type: Research Article
ISSN: 0309-0558

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Article
Publication date: 1 April 2005

Rashid Ameer

This paper explores attractiveness of stocks on Karachi Stock Exchange using event study methodology. The main findings of this paper are KSE 100 has included small share…

Abstract

This paper explores attractiveness of stocks on Karachi Stock Exchange using event study methodology. The main findings of this paper are KSE 100 has included small share capital base manufacturing companies during 2000‐2002. There is no significant difference in pre tax profitability of companies included (excluded) except for their capital structures. The results from event study seem to suggest that KSE100 stocks would be more attractive to passive investors. The passive investors tracking moderate beta stocks on KSE100 index are better off until beta of the stocks climbs up.

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Management Research News, vol. 28 no. 4
Type: Research Article
ISSN: 0140-9174

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Article
Publication date: 1 March 1982

P.E. Mongar

The paper describes the use of STATUS by TRRL's Technical Information and Library Services to mechanize the library's document ordering, cataloguing, loans control and to…

Abstract

The paper describes the use of STATUS by TRRL's Technical Information and Library Services to mechanize the library's document ordering, cataloguing, loans control and to integrate these functions with a cooperatively‐acquired international database of abstracts — all in a single document record. Modifications made to standard STATUS to meet TRRL's needs are described and the good and bad features of STATUS as found in practice are outlined.

Details

Program, vol. 16 no. 3
Type: Research Article
ISSN: 0033-0337

Article
Publication date: 1 December 1999

Georgios I. Zekos

Presents the case for the use of computerised Bills of Lading. Outlines the issues of concern with electronic documents, showing that these documents have various roles to…

Abstract

Presents the case for the use of computerised Bills of Lading. Outlines the issues of concern with electronic documents, showing that these documents have various roles to play, each of which must be considered when looking at the safeguards built into electronic systems. Considers Digital signatories, legal contractual agreements and various legislative approaches. Covers cross border jurisdiction and digital negotiability before looking at the European Model EDI Agreement. Comments on the Uncitral Model Law on Electronic Commerce and then presents the position held by the banking community. States the arguments for the paper form compared to the electronic form and concludes that there is a need for more understanding and legal clarification within the subject.

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Managerial Law, vol. 41 no. 6
Type: Research Article
ISSN: 0309-0558

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Book part
Publication date: 4 November 2021

Amy Dickinson

According to the United Nations High Commissioner for Refugees, the world is experiencing the greatest refugee crisis in recorded history alongside increasingly…

Abstract

According to the United Nations High Commissioner for Refugees, the world is experiencing the greatest refugee crisis in recorded history alongside increasingly restrictive limits on asylum seekers and refugees. In 2020, the US administration established a ceiling for refugees of 18,000 people, the lowest number on record, and only 11,814 refugees were admitted to the United States. The Biden administration has expressed commitments to building a coherent asylum and refugee system and quickly reversing recent detrimental policies. But the administration has cautioned how quickly change might occur, given how “agencies and processes…have been so gutted.”1

2016 to 2020 included an overwhelming series of changes to laws and policies affecting asylum seekers, often with little documented planning or communication, wreaking severe effects on conditions for asylum seekers at the US–Mexico border. These changes had significant consequences for human rights, most notably the linchpin right of access to information. At the US–Mexico border, must the right “to seek, receive and impart information” be fulfilled in order to fulfill the right to asylum?

While information professionals are not expected to be experts in law, they are experts in understanding the link between access to information and the realization of justice and human rights. This chapter investigates the role of the information professional in the fulfillment of the right to asylum, particularly in the context of contemporary asylum seekers at the US–Mexico border, volatile information landscapes, and the legal and historical framework in the United States for seeking asylum.

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Libraries and the Global Retreat of Democracy: Confronting Polarization, Misinformation, and Suppression
Type: Book
ISBN: 978-1-83982-597-2

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Article
Publication date: 1 December 2005

Jo Carby‐Hall

The concept of corporate social responsibility of the enterprise covers a vast territory! This paper proposes to limit the analysis and evaluation of this concept to three…

2093

Abstract

The concept of corporate social responsibility of the enterprise covers a vast territory! This paper proposes to limit the analysis and evaluation of this concept to three distinct aspects. The first will treat the comparatively new and evolving common law implied term in corporated into the contract of employment relating to the enterprise’s social responsibility of respect towards the employee. The second will analyse an other generically linked recent common law development in the field of the enterprise’s social responsibility of respect towards the employee, namely the implied over‐riding term. Thirdly, the novel and developing wider concept of corporate social responsibility will be addressed and assessed. Some concluding thoughts will follow.

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Managerial Law, vol. 47 no. 6
Type: Research Article
ISSN: 0309-0558

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Article
Publication date: 1 September 2005

Clare D’Souza and Roman Peretiatko

Theories frequently used by researchers’ only offer limited insight, they do not explain why some multinationals continue to invest in some countries despite being rated…

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Abstract

Theories frequently used by researchers’ only offer limited insight, they do not explain why some multinationals continue to invest in some countries despite being rated low on the reasons explained by economic and comparative advantage theories. The paper examines the attractiveness of Australia as an investment destination for US based multinational corporations. By using Porter’s national advantage theory and other variables of country attractiveness, it examines what makes Australia an attractive destination. Within the fast moving consumer goods industry, Australia was found to be attractive for three reasons: incentives offered by the government, low risk and cultural distance. There is evidence that culture has an effect on the choice of foreign investment venture structure well ahead of market size, tariffs, growth and location to cultural similarity. The aim was not only to generate ideas for future more rigorous research but also to investigate the impact critical to elements, such as culture, that make foreign investments attractive.

Details

Cross Cultural Management: An International Journal, vol. 12 no. 3
Type: Research Article
ISSN: 1352-7606

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