THE COPPERBELT UNIVERSITY SCHOOL OF POSTGRADUATE STUDIES UNLUS PROGRAMME GBS 782 INDUSTRIAL AND LABOUR RELATIONS LAW written ASSIGNMENT a)What test(s) is used in order to determine whether the relationship of employer/employee exists? why is the distinction between employee and independent contractor weighty? b) on that point argon cases where neither the status of employee nor that of an independent contractor exists barely a contract of employment is apparent. Give an delimitate of much(prenominal) cases. BY Edward Sindazi09HRM007 Introduction The writer will begin with a definition of the devil concepts, namely of employee and independent contractor, before discussing the tests that are used in order to determine whether the relationship of employer/employee exists. As stated, there are cases where neither the status of employee nor that of independent contractor exists, solely a contract of employment is apparent. The writer will end with an outline of such cases. The Employer/Employee Relationship The basis of the employer/employee relationship is the contract of employment which, in general terms, is an agreement whereby an employee agrees to provide work or a servicing in return for remuneration by the employer.
It is an important agreement from which both the employer and the employee derive their duties and rights and it does not matter whether is in writing or not. This is how employer/employee relationship is established. According to section 3 of the Employment numeral, Cap 268 of the Laws of Zambia, the employee is defined as follows; Any somebody who has entered into or works low a contract of service whether the contract is express or implied, is oral or in writing, and whether the remuneration is calculated by time or by work done, or is in cash or kind, but does not include a person employed under a contract of apprenticeship made in accordance with the Apprenticeship Act or a casual employee.1 The contract of employment as defined above is... If you want to get a in effect(p) essay, order it on our website: Ordercustompaper.com
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For past sometimes, it has been shown that there are many disputes between the employers and employees and several laws has been made to make these problem lesser. Employer and labour relations are most unpredictable kind of relations in an organisation. Reports have proved that bad relations of employee and management are a big cause of less quality generated work as if employee is not satisfied with management, he is not able to perform well. The blog shares very good information about the industrial and labour law relations. It have to be handled with care to make the best out of it. To know more, click here
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