Case Study 1
Types of Employment Contract
A contract of service is an agreement whereby one person agrees to employ another as an employee and the other agrees to serve his employer as an employee. Under a contract of service, the employer must contribute CPF, and provide relevant statutory benefits such as annual leave, sick leave etc. for its employees engaged.
However, a contract for services is an agreement whereby a person is engaged as an independent contractor, such as a self-employed person or vendor engaged for a fee to carry out an assignment or a project for the company. Under such a work arrangement, there is no employer-employee relationship, and the employee is not covered by the Employment Act. Difference between employee and self-employed
If we apply multi factor test to lorry driver we can see there are several point to be consider him as self-employed 1) he had not been in supervision
2) he was not given any equipment to work with
3) he had no restriction to work with other companies
4) he manage his own financial affairs, including tax
All of above reason justify lorry driver as self-employed.
Definition of the contract for service
Contract for service is also called self-employment and it is based on the business to business contract between buyer and supplier. Contract for services come to end when the job/task is completed. Contract for service can also come to end if the terms of the contract are breached. In a contract for service, there is no question of any employment involved because contract for service does not grant any employment rights and it does not constitute any relation of employment. In contract for services the contractor is considered the owner of the business and he can hire anyone to complete the task. Damages and loss
Lori driver had contract for service with firm Thus for employer has no obligation for loss or damage to property and other losses, he have to deal own his own with farm owner
Case study 2
Employment Rights Act 1996 which gives eligible employees the right not to be unfairly dismissed. In unfair dismissal cases the employer must show that the reason for dismissal was one of six potentially fair reasons listed in the Employment Rights Act 1996 In this case employer failed to follow procedure which is carried out to dismiss any employ as incident occur outside of work and he voluntarily taken responsibility for replacement of the bench for council, he was not convicted for any charge and had good record of service with company .Employer must follow rules and regulation to dismiss any employee otherwise he could be in breach of contract of services. Employer needs to be able to show that it dismissed you for a fair reason. Fair reasons are: * Conduct
* Capability or qualifications (e.g. poor performance)
* Breach of a legal restriction (e.g. if you do not have the right to work in the UK) * Some other substantial reason – this is a catch-all that allows other reasons to be suggested by the employer Your employer will also need to show that it followed a fair procedure: * In cases of misconduct this means the employer will need to have investigated the allegations and given you the chance to answer them in a disciplinary hearing. Depending on the seriousness of the allegations, your employer may be required to give you warnings before dismissing you. * In cases of poor performance you should have been given the chance to improve. * In cases of redundancy you should have been consulted about the redundancy and selected fairly as part of that process. Qualifying period to claim unfair dismissal
Young man could be successful if he claims against his unfair dismissal case to an employment tribunal. Following of some should be considered before any claim. You must have worked for your employer for a minimum period before you qualify for the right to claim unfair...
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