Question

A) Identify and explain the three tests that are used to distinguish an employee

Answer 1

It should be noted that the tests that can be used to differentiate an employee from an independent contractor include:

• Control test.
• Integration tests.
• Multiple factor test.

A control test simply refers to the level of control that an employer has over the workers. An employee is subjected to orders from the employer unlike the independent contractor.

Integration test implies that the employees are part of an essential group in the organization. Lastly, the multiple-factor test is when various factors are taken into consideration to determine if one is an employee or not. For example, in Short v Anderson (1946), the criteria used were the power of choice, renumeration, etc.

A company is an association of persons that have a common objective of providing services to customers while partnership is an agreement between two or more people to run a business and share its profit.

Lastly, based on the information given, the manager is in breach of his duties. Bribery and corruption aren't part of the principles of a company.

Learn more about independent contractors on:

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