“生活版灌水专贴”uker第一长贴！大家来灌水！

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Independent contractors.
An employee is under a contract of service, but an independent contractor is under a contract for services.  The distinction is easy to recognise but difficult to define precisely.  To illustrate:
If you intend to build a house and employ workmen to do so and give them the

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necessary instruction, you assume the role fo employer and employee.  However, if you place the work in the hands of a builder who has his own workforce, you have employed an independent contractor.    The employees will be the employees of the builder and not you.  There are three main reas##被过滤## for being clear on the differentiation between employee and independent contractor.

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2.        Duty to provide for safety.
An employer is under a common law duty to take reasonable care for the personal safety of his employers, but not in relation to an independent contractor whom he employs.

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1.        If the person is paid a salary or wage - employee.
If he is paid a lump sum or commission - independent contractor.
2.        An employee usually works for one employer at a time, an independent contractor often works for several employers at a time.
3.        An employee usually has his hours of work fixed by an employer.  An independent contractor will decide upon his own hours of work.
4.        An employee is normally subject to the internal rules of the organisation for which he works.  An independent contractor is not.

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3.        Statutes.
The need to distinguish between employee and independent contractor is important for the purposes of very many modern statutes.  For example: the employment protection act, 1978 and the social security act, 1975, as benefits and contributi##被过滤## vary according to status.
To test the question of whether a person is an employee or an independent contractor, we can c##被过滤##ider:

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These are useful tests, but not always conclusive.  The courts have their peculiar methods and those c##被过滤##idered most reliable are:
1.        The control test - does one person have the right to control the work done by the other, as happens with employer and employee?  
See Stephen v Thurso police commissioners (1876): Stephen was injured in an accident when he fell over some rubbish lying in the street.  He maintained that the police should have had it cleared or at least marked with lights.  The police claimed that they had instructed a contractor to remove the rubbish, and therefore the contractor was liable, not them.  The court ruled, however, that since the police had retained control over the execution of the contractor’s work, they were liable in damages, as the contractor was, in effect, an employee.
In Scottish Insurance Commissioners v Church of Scotland (1914) the court was asked to rule on the position of assistant ministers of the church.  It held that they were not employees since they were not subject to the direct control and direction of a master under a contract of service.

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以下是引用bettinaton在2003-8-23 22:42:00的发言：
呵呵，实在无聊，睡不着觉，棒棒说要找个能灌又不能被抓的贴子来灌个够！大家都来灌！！！！灌罐罐罐！！！

[此贴子已经被作者于2003-11-13 4:53:13编辑过]

我们就是这么开始的~~~~

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以下是引用eric在2003-8-23 22:42:00的发言：
我从不灌水滴~~~

不知道这个家伙跑道什么地方去了~~~~已经好久不来了

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以下是引用bettinaton在2003-8-23 22:44:00的发言：
gg已经在灌水啦

那时候谁都喜欢灌

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以下是引用vtcc在2003-8-23 22:45:00的发言：
偶来啦～灌啥子好捏？

可爱小斑竹~~现在回国了假期去了

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以下是引用米宝宝在2003-8-23 22:46:00的发言：
对啊,灌啥东西呢?

看看问得多傻~当然是灌水阿~~~伦敦的美女

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以下是引用bettinaton在2003-8-23 22:47:00的发言：
嘿嘿，都来啦都没睡觉么？

那时候我们都废寝忘食

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以下是引用vtcc在2003-8-23 22:47:00的发言：
你说我们会８会明天就被点名批评啊？

结果是我们被点名表扬了~~~哈哈

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以下是引用bettinaton在2003-8-23 22:49:00的发言：
应该8会吧？！怕怕滴说，问问宝宝和eric哥哥，他们是斑竹滴说！偶们是实习滴！

现在都是正是的了

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以下是引用bettinaton在2003-8-23 22:49:00的发言：
偶也不要被拿走小兔子555555555555555

没有被拿走