| 释义 |
employee
n. A person who works under the direction and control of another (the employer) in return for a wage or salary. An employee works for the employer under a “contract of service”, whereas an independent contractor who is contracted to perform a specific task works under a “contract for services” and is self-employed. The distinction is a crucial one, since employees enjoy more protection under employment legislation than do those who work on their own account. The existence (or not) of an employer–employee relationship determines the expectations and obligations that may be assumed of both parties (e.g. pay and taxation, leave, the requirement to perform work). The question as to whether or not someone is an employee is governed by a number of tests laid down by the courts but has been subject to several contrasting challenges in recent years, as new and flexible ways of working have emerged (see Uber BV and others v Aslam and others [2021] UKSC 5; Pimlico Plumbers Limited and Anor v Smith [2018] UKSC 29; Independent Workers Union of Great Britain v Central Arbitration Committee [2018] EWHC 1939 (Admin)). Factors relevant in assessing the presence of an employer–employee relationship may include the control exercised by the employer over the worker, the mutuality of obligations (i.e. the obligation of the employee to perform work and for the employer to provide the same), the contractual requirements and entitlements, and whether the worker may work for another employer; however, this is by no means an exhaustive list and other factors may be taken into account by a court or employment tribunal. See also gig economy. |