Perspectives and Frameworks - Journal

6 important questions on Perspectives and Frameworks - Journal

Okay, this chapter was all about distinguishing employees from independent and dependent contractors!

According to this text, what is an employee? 


It makes sense!

A worker who enters an employment contract with an employer involving an exchange. Labour for wages (and maybe benefits)

Let's look at the distinctions between employers, independent contractors and dependent contractors.

Under common law regime, regulatory standards regime and collective bargaining regimes, how would the employee function under these three regimes?

  • Common law - - Full law of employment applies
  • Regulatory Standards - - Full coverage under employment laws (Occupational health and safety)
  • Collective Bargaining - - Full coverage under collective bargaining legislation (UNIONS BABY!)

Let's look at the distinctions between employers, independent contractors and dependent contractors.

Under common law regime, regulatory standards regime and collective bargaining regimes, how would the Dependent Contractor turn out in the workforce?

  • Common Law - - Entitled to implied "reasonable notice" of termination of contract.

    • [employees are entitled as well but they are fully covered under law of employment whereas dependent contractors only have one thing of reasonable notice)

  • Regulatory standards - - Coverage under only some protective employment legislation

  • Collective Bargaining - - Often covered as if they were employees.
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Let's look at the distinctions between employers, independent contractors and dependent contractors.

Under common law regime, regulatory standards regime and collective bargaining regimes, how would the Independent contractor turn out in the workforce?

  • Common Law - - Employment laws do not apply

    • Regulatory standards - - May voluntarily opt into some social insurance schemes (Employment Insurance)

    • Collective Bargaining - - Permitted to deduct business expenses under the Canadian Income Tax Act

Now we know what the three working conditions are like under the three main regimes we've learned about, it's time to distinguish!

What was the second try to distunguish between employee and independent contractor? What was it about?

Fourfold Test:

  1. Control
  2. Ownership of Tools
  3. Chance of profit
  4. Risk of loss 

Now we know what the three working conditions are like under the three main regimes we've learned about, it's time to distinguish!

What was the third try to distunguish between employee and independent contractor? What was it about?

Organizational Test:

  • "Is the work in question an integral part of the business to the employer or peripheral to that business." 

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