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Job classification in essay
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When dealing with contracts especially involving employer and it’s employee it is very important to acknowledge and analyze a lot of information and steps that go into it. In order to figure out if an individual is either an independent contractor or an employee or an organization, the way to find out the overall relationship is to be able to examine it and at the end come up with the conclusion of this matter. When it involves an employee- independent contractor all the information that has been gathered up provides proof of degree as well as degree independence that is taken into consideration. There is a lot of information that people must know when dealing with independent contractors or their employees. Independent contractors as well as employers once affiliated with the state and the state laws, an independent contractor is exactly what it is which makes the contractor as being independent and just that. This contractor needs to be able to demonstrate and provide the service or the potential product without taking action on punching in to make hours work count or even getting directions on how to do the job at the end.
As we are all aware Independent contractors are people that their main focus and mission is to perform work which involves contracting and doing it with their own methods which allows then to do their work without needing the control of the employer. Contractors at the end just need to complete the project and present the final result. Just like any other business out there especially when dealing with new upcoming projects, before anything is put into action the employers are the ones that come to an agreement when dealing with payments and the services that are about to be used. Before anything, the empl...
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...’s employee it all starts once there has been an offer of employment being done from an employer to the employee. It all forms once the whole hiring process and instructions are given to the employee from the employer dealing with different job duties, wages, benefits and every other aspect that’s involved when having employees. This also ends up including litigation on different topics dealing with working labor and employee discrimination. The question always pops up on different case scenarios whether a worker stands as an employee or an independent contractor and normally the way they are told apart is when it’s taken to the courts and analyze their relationships and come up with a decision on whether supervision is needed from an employer to control the needed job duties or not and if it did then that’s when it will be seen as an employee/employer relationship.
With the economy beginning to rebound, many companies are looking for every way possible to save money and/or maximize profits. One of the biggest costs incurred by any business is labor. Consequently, employers sometimes attempt to minimize this expense by utilizing independent contractors instead of employees. There are potential risks for employers who mischaracterize an employee as an independent contractor, because, while it may save payroll taxes and other benefit costs in the short term, it may lead to penalties on such taxes as well as other inadvertent violations of worker’s compensation laws, FMLA, etc, which each hold separate penalties for violation.
Bennett-Alexander, Dawn D. & Hartman, Laura P. (2001). Employment Law for Business (3rd ed.). New York: McGraw-Hill Primis Custom Publishing. Downloaded February 4, 2008 from the data base of http://www.eeoc.gov
Bennett, Alexander, Hartman (2003), Employment Law for Business, Fourth Edition I., The Regulation of the Employment Relationship, The McGraw-Hill Companies.
Findlaw.com, 2008. Independent Contractors vs. Microsoft: Don't Treat Contractors Like Employees. Retrieved December 11, 2008 from: http://smallbusiness.findlaw.com/articles/3737.html
In the case of Elaine versus Jerry, the legal issues involves the plaintiff suing the defendant for termination of employment. Elaine had only been working for the company for two months, however, upon termination Jerry did not provide her with an explanation for her dismissal. Initially, when Elaine was hired on to work for the company, she received a letter declaring great career opportunities and an annual salary of $30,000. Was there an annual employment contract that was broken by the employer? Since the company is an employment-at-will employer, does Jerry need to provide an explanation for the plaintiff’s termination? After Elaine was terminated, Jerry hired a man named Kramer, who had less job experience and education than Elaine for the position. Was there certain job or educational credentials required for the position? Is there an adequate amount of information obtainable
[12] CURRAN, Simon, ‘When is a duck not a duck? The employee/independent contractor dichotomy’, Bulletin (Law Society of S.A) 26 (9) October 200etin (Law Society of S.A) 26 (9) October 2004: 23-26
When you have your own contracting business, it's critical to have the right type and amount of insurance. A single claim could be enough to bankrupt your company if you don't have insurance. One type of insurance you need is general liability. This protects you, your company, and your employees against a number of claims. Here are some things general liability insurance typically covers.
The use of contingent workers is on the rise. The U.S. Bureau of Labor Statistics defines contingent workers as anyone who "does not have an explicit or implicit contract for long-term employment" (Phillips & Gully, 2011 pg 51). This definition includes independent contractors, freelancers, consultants, and temporary workers who may or not work for an agency. In the past 50 years, temporary workers have been crucial to many businesses, and their role in business is growing. Companies must recognize potential problems and concerns brought about by employing temporary workers, and adjust their approach to staffing.
They must abide by the rules set by the main contractor. E.g. always wearing PPE.
e. Employer and employee: the relationship between the employer and the employee. If the employer is not responsible for the absence of the agency, it shall satisfy the two conditions of the staff and workers:
Employment relations refer to the relationship between the employer and the employee. Employment relations are governed by the provisions of the employment contract and/or collective agreement where applicable, common law principles and legislative provisions governing specific situations. Many factors in the external environment have an effect on the employment relations within an organization, which they need to monitor and possibly adapt to the necessary changes. The external environmental factors that would influence employment relations are political, economic, social, technological, legal and environmental.
Does the worker need to provide their own tools or equipment? 5. Can the worker subcontract the work? If you answered yes to any one of these questions, the worker is likely an independent contractor.
Contract employment is legally binding, mutually agreed upon contract between an employer and employee that documents the terms of the employment. Such terms should include the term (length) of contract, compensation and expectation of duties during the contract. Some advantages of contract employment for the employer, are savings of payroll taxes as contract employees are responsible for paying their own taxes to the IRS, training expenses as contract are hired with specialized skills and reserves of health benefits as they are generally not provided for contract employees. Some advantages of contract employment for the employee are higher wages as studies have shown that contract employees can earn upwards of 40% of conventional at-will employees (usually to cover taxes and health insurance),
“a contract under which a person is engaged in the service of an employer to do such work as is contracted for and where the employer directs what it is to be done”
The practice of outsourcing jobs is not a new concept. People have been outsourcing jobs for decades. Some people even offshore outsource jobs. There are many opinions to offshore outsourcing based on how it influences the economy. Some people are in favor of outsourcing jobs and some people are against outsourcing jobs. People need to get educated about the great impacts that offshore outsourcing does to an economy. The global economy has started to thrive and offshore outsourcing has profited the consumers as companies want to cut costs and competition, which is why I support offshore outsourcing jobs to foreign countries.