单词 | Contract of service |
释义 | 僱用合約 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 is to be done. It differs from a contract for services, under which a person engages to perform work for another. If the true relationship of the parties is that of master and servant under a contract of service, the parties cannot alter the truth of that relationship by putting a different label upon it: : Massey v Crown Life Insurance Co [1978] 2 All ER 576. When a person is under a duty to use care he cannot get rid of his responsibility by delegating the performance of it to someone else, no matter whether the delegation be to a servant under a contract of service or to an independent contractor under a contract for services: Cassidy v Ministry of Health [1951] 2 KB 343; Bank of East Asia Ltd v Tsien Wui Marble Factory Ltd [2000] 1 HKC 1 (CFA). See also Contract for services; Contract of employment; Employee; Employment; Independent contractor. 指一人獲僱主聘用參與訂明工作而簽署的合約,僱主在合約中訂明工作細則。與承包合約不同,承包合約指某人獲聘為另一方工作。如果雙方關係在僱用合約中被訂為僱傭關係,雙方不能藉改變稱號更改雙方關係:Massey v Crown Life Insurance Co [1978] 2 All ER 576。若其中一方已簽訂合約做某項工作,他不能將工作轉委給他人以逃避責任,不論是在僱用合約中的受僱一方,或在服務合約中的獨立承辦商:Cassidy v Ministry of Health [1951] 2 KB 343; Bank of East Asia Ltd v Tsien Wui Marble Factory Ltd [2000] 1 HKC 1(終審法院)。另見 Contract for services; Contract of employment; Employee; Employment; Independent contractor。 |
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