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Workers and employee - Coggle Diagram
Workers and employee
some substantial differences in the rights
worker status is seen as a half way house
employee
an individual who enters into or works under (worked under) a contract of employment which is a contract of service or apprenticeship, whether express or implied, and (if it is express) whether oral or in writing. Some core legal protections only apply to employees, for example the right:
not to be unfairly dismissed
to receive a stature redundancy payment
maternal leaves
paternity
adoption rights
medical suspension pays, time off work
redundancy rights
some tests for the employess
self employed status
worker benefit from less rights than employee but they still have some basic ones
protection from discrimination
protection against unlawful deduction from wage
entitlement to national minimum wage
court's examining
the employment tribunal will look for
contact of the contractual provisione
the degree of control
Obligation of employer to provide work
Obligation of employee to do the work.
Duty of personal service
the formation of the contract of employment
could be formal or informale
oral or written
some particularitites
inequality of bargaining power
continuing relationship
elements of trust and confidence