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A key feature of an independent contractor relationship is autonomy.
Simply put, if you tell someone when, where and how to work, you do not have a contractor relationship.
For instance, the fact that the drivers provide their own vehicles and thus invest significant capital is a substantial factor favoring an independent contractor relationship as Uber properly contends, but this fact alone is not dispositive.
While that section is directed primarily at determining whether a particular bilateral arrangement is properly characterized as a master-servant or independent contractor relationship, it can also be instructive in analyzing the three-party relationship between two employers and a worker.
At bottom, is there independence in the independent contractor relationship?
For any independent contractor, it is appropriate to review how strong a case you have for a true independent contractor relationship.
Similar(49)
Implications for managing contractor relationships are discussed.
Tenderers should be required to show: they "predominantly engage workers in secure employment" rather than as casuals or on fixed term contracts; where they hire independent contractor relationships that these are genuine rather than sham arrangements; that their cost structure guarantees workers will be paid legal entitlements.
As commentators and others evaluated the scope of the case, its potential application to more types of independent contractor relationships, including franchises, became clear.
It may be that the best talent is available through independent contractor relationships, as many people prefer the autonomy and flexibility that these arrangements afford.
Depending upon the nature and structure of certain franchise or licensing relationships, all of which are intended to be independent contractor relationships, this decision raises questions as to whether a court would consider a franchisee and its employees to be independent contractors or employees of their franchisor.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com