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
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
