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Summary Mercantile Law 193: Labour Law $5.49
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Summary Mercantile Law 193: Labour Law

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Second semester Mercantile Law 193: Labour Law

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  • August 18, 2017
  • 25
  • 2017/2018
  • Summary

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By: mpclayton • 6 year ago

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CHAPTER 2

MERCANTILE LAW



CONTRACT OF EMPLOYMENT

- Agreement between two persons, in which
- One makes his/her services available to
- And subject to the control of,
- The other
- In return for remuneration



 EMPLOYEE
o Any person who works for another (excluding: independent contractor) and who
receives remuneration
o Any other person who assists in carrying or conducting the business of an employer

- Employee or an independent contractor?

CONTROL TEST ORGANIZATION TEST DOMINANT IMPRESSION TEST
If employer exercises control If worker is part of the Court weighs up, all factors
over this person (= employee) organization of the employer indicating that the worker is an
(occupies an office or drives a employee against all the
company car) factors indicating that the
person is an independent
contractor
(criticism = test not based on legal
principles)



Requirements: valid Employment Contract
~ Essentialia

 Employee must make his/her services available to the employer
 Employer must pay the employee

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