单词 | Organisation test |
释义 | 組織測試 One of the tests the courts employed to differentiate an employee who is party to a contract of service from an independent contractor who is party to a contract for services. The test asks whether the worker is part of the organisational structure of the person or business for whom the work was done (Ng Tak Wing & Ors v Top Rise Garment Factory Wholly Owned By Top Rise Industrial Co Ltd (HCLA 20/96, unreported); or whether the work is part of the business and integral to it, rather than accessory to the business (Stevenson, Jordan & Harrison Ltd v Macdonald & Evans [1952] 1 TLR 101). An alternative formulation is to ask whether the worker is ‘part and parcel’ of the organisation for which the work is done (Bank voor Handel en Scheepvaart NV v Slatford [1953] 1 QB 248) or has been integrated into the organisation. Also known as ‘integration test’. See also Contract of employment; Control test; Employee; Independent contractor; Multiple test. |
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