| 单词 | Multiple test |
| 释义 | 多重測試 A test applicable to determine whether a person who contracts to work for another is an employee of the other person, or an independent contractor: Ready Mixed Concrete (South East) Ltd v Minister of Pensions and National Insurance [1968] 2 QB 497. The test looks at a variety of factors and indicia, therefore, a contract of service exists if three conditions are fulfilled, namely, (1) the servant agrees that in consideration of a wage or remuneration he will provide his work and skill in the performance of some service for his master, (2) he agrees, expressly or impliedly, that in the performance of that service, he will be subject to the other’s control in a sufficient degree to make the other master, (3) the other provisions of the contract are consistent with its being a contract of service. For (3), factors such as the servant providing his own tools and equipment, taking chance of profit and risk of investment loss may negative the finding of a contract of service: Butterworth’s Hong Kong Personal Injury Service Vol II, Division IV, paras [405]-[451]. The fundamental test should be whether the person who has engaged himself to perform these services is performing them as a person in business on his own account: Lee Ting Sang v Chung Chi Keung [1990] 2 WLR 1173 (PC). Also known as ‘mixed text’. See also Contract of employment; Control test; Employee; Independent contractor; Organisation test. 用作決定一名訂定合約為他人工作的某人是否為該他人的僱員，還是一名獨立承辦商之測試：Ready Mixed Concrete (South East) Ltd v Minister of Pensions and National Insurance [1968] 2 QB 497。該測試查明各種的徵像及要素，能滿足三個條件的即為僱用合約：即(1)受僱人同意為定額薪酬或酬金的代價，提供工作及技術從而為僱主作出服務，(2)他明示或隱含同意，在提供服務時會受對方的管控，該管控的程序並足夠令該對方成為僱主者，(3)合約的其他條款與僱用合約一致。就(3) 而言，僱員為自己提供工具及裝備，並為收益及投資損失冒險等要素可能會否定僱用合約的裁斷：Butterworth’s Hong Kong Personal Injury Service Vol II, Division IV, paras [405]-[451]。基本測試應為，該人作出服務時，是否在替自己經商：Lee Ting Sang v Chung Chi Keung [1990] 2 WLR 1173 （樞密院）。另稱「混合文本」。另見 Contract of employment; Control test; Employee; Independent contractor; Organisation test。 |
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