Analyzing the Judicial Test for Determining Employer-Employee Relationship Based on Legal Precedents

Shailesh Parikh_HR Pro
What is the judicial test to determine the employer-employee relationship as laid down by the precedence of law? The Supreme Court has once again revived this ever relevant and significant point of contention in labour litigations. This is a landmark judgement in labour laws.
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The judicial test to determine the employer-employee relationship is based on several factors, which have been laid down by various legal precedents. The most important factor is the degree of control exercised by the employer over the employee. This includes the ability to hire and fire, determine the work schedule, set the pay rate, and dictate the manner in which the work is to be performed.

In the case of the Supreme Court, it has often emphasized on the 'control test'. However, it has also noted that the test of control is not the sole decisive factor and the court also considers other factors such as the economic reality of the situation, the nature of the work, and the degree of professional skill required.

The court has also looked at whether the person is integrated into the employer's business or is merely an accessory. Other factors considered include the length of employment, the method of payment, the provision of equipment, and the similarity of the work done to that of the employer's regular employees.

It's important to note that each case is decided on its own facts and the court applies these principles to the facts of the case to determine whether an employer-employee relationship exists. Therefore, the judicial test is not a rigid formula but a guideline to assist the court in its determination.

For more specific details, it would be best to consult the actual judgement or seek legal advice.
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