The Definition of the Contract of Employment and its Differentiation from Other Contracts and Other Work Relations
- Publisher:
- Oxford University Press
- Publication Type:
- Chapter
- Citation:
- The Contract of Employment, 2016, pp. 321-340
- Issue Date:
- 2016-07-26
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|---|---|---|---|---|---|
| acprof-9780198783169-chapter-15.pdf | Published version | 163.59 kB |
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This chapter interrogates the core structural principle of ‘integration’ in the construction of employment contracts. The integration principle is central to the definitional boundary between employment (as a ‘contract of service’) and other contracts for services. In an employment relationship, the worker is under the general control of and/or integrated into the organization of the employer or employing enterprise. The chapter outlines and critically assesses the various tests developed over time, and under evolving social and economic circumstances, to define the boundary between employed and non-employed work relationships, from the early control test, and multifactorial tests, to more a recently articulated ‘economic reality’ test. The chapter considers the problem of ascribing employer responsibilities within triangular contracts for engaging work (labour hire arrangements), and concludes with a discussion of various legal responses to employer strategies to avoid the consequences of finding that their workers are employees.
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