Employed or Self-Employed Relationships and Tests

Subject: Law
Pages: 2
Words: 483
Reading time:
2 min

The employer-employee relationship is realized by the application of various tests. The tests are designed to show the existence of a relationship between the employee and the employer. The tests are characterized by understanding the nature of services done by one person to another. The fact that a person is employed to offer a given service is put to the test where they are supposed to define whether they are working for services or they are providing the services. The essential step to observe is that the employees and employers have established a relationship that is clearly defined and understandable.

There are common law rules that have been devised to establish the existence of the employer-employee relationship. In addition, there are developments that define the relationship between a worker and an employer. The common law tests are designed to establish the basic rules that are established in defining the rights of the employer and the obligations that are found in the relationship. The rights of the employer are based on the work done by the employee, as well as the duties of each of the two parties. Therefore, the laws are designed to ensure that there is a ready mechanism that defines the employer-employee relationship, which reduces the chances of conflicts.

The central focus of common law is on finding who controls the roles in the employer-employee relationship. The obligation of the worker is based on the results of the work that the employee is assigned to accomplish. The tests are applied in such a way that it is easy to distinguish the obligations as well as the rights of each party. The employees are put at a task where they are supposed to handle the tasks that are placed before them. For the employer-employee relationship to exist, the employer ought to be in control, as well as ensure that the tasks that the employee accomplishes are available on a constant basis. The employer’s duty to ensure control is one of the fundamental elements of the relationship with the employee. This generally ensures that the salary paid to the employee by the employer is worth the input is given by the employee.

The fundamental elements of the employer-employee relationship are based on the following factors. Firstly, the employer should have the power to discharge the employee once the working period has come to an end. Secondly, the worker should be provided with the right tools to do the work. The distinguishing factor between the two tests is that independent contractors and other professions such as physicians do not fall in this category of employees. The most outstanding factor is that the employee is in control in the case of independent contractors and physicians. All the above-mentioned factors should be put into consideration in ensuring that the employer-employee relationship exists.