𝑻𝒉𝒆 𝒓𝒆𝒄𝒆𝒏𝒕 𝒋𝒖𝒅𝒈𝒆𝒎𝒆𝒏𝒕 𝒃𝒚 𝑯𝒐𝒏. 𝑺𝒖𝒑𝒓𝒆𝒎𝒆 𝑪𝒐𝒖𝒓𝒕 𝒊𝒏 𝒍𝒊𝒕𝒊𝒈𝒂𝒕𝒊𝒐𝒏 𝒎𝒂𝒕𝒕𝒆𝒓 𝒐𝒇 𝑮𝒆𝒏𝒆𝒓𝒂𝒍 𝑴𝒂𝒏𝒂𝒈𝒆𝒓, 𝑼.𝑷. 𝑪𝒐𝒐𝒑𝒆𝒓𝒂𝒕𝒊𝒗𝒆 𝑩𝒂𝒏𝒌 𝑳𝒕𝒅. 𝒗. 𝑨𝒄𝒉𝒄𝒉𝒆𝒚 𝑳𝒂𝒍 & 𝑨𝒏𝒓. has once again revived the ever relevant and the ever significant point of contention in of labour litigations 𝓂𝒶𝒾𝓃𝓁𝓎 𝓅𝓮𝓇𝓉𝒶𝒾𝓃𝒾𝓃𝓰 𝓉𝓸 𝓅𝓇𝓸𝓋𝒾𝓈𝒾𝓸𝓃𝓈 𝓸𝒻 𝓘𝓃𝒹𝓊𝓈𝓉𝓇𝒾𝒶𝓁 𝒹𝒾𝓈𝓅𝓊𝓉𝓮 𝒶𝒸𝓉 𝒶𝓃𝒹 𝒞𝓸𝓃𝓉𝓇𝒶𝒸𝓉 𝓛𝒶𝒷𝓸𝓊𝓇 𝓡𝓮𝓰𝓊𝓁𝒶𝓉𝒾𝓸𝓃 𝒶𝓃𝒹 𝒜𝒷𝓸𝓁𝒾𝓉𝒾𝓸𝓃 𝒜𝒸𝓉. --𝑾𝒉𝒊𝒄𝒉 𝒊𝒔 𝒘𝒉𝒆𝒕𝒉𝒆𝒓 𝒕𝒉𝒆𝒓𝒆 𝒆𝒙𝒊𝒔𝒕𝒔 𝑬𝒎𝒑𝒍𝒐𝒚𝒆𝒓- 𝑬𝒎𝒑𝒍𝒐𝒚𝒆𝒆 𝒓𝒆𝒍𝒂𝒕𝒊𝒐𝒏𝒔𝒉𝒊𝒑?
hashtag#labouorlaws hashtag#precedenceoflaw hashtag#judgement hashtag#supremecourt hashtag#employeremployeerelationshipb hashtag#landmarkjudgements
From India, Mumbai
Acknowledge(0)
Amend(0)
305hashtag#labouorlaws hashtag#precedenceoflaw hashtag#judgement hashtag#supremecourt hashtag#employeremployeerelationshipb hashtag#landmarkjudgements
From India, Mumbai
Acknowledge(0)Amend(0)
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.
From India, Gurugram
Acknowledge(0)Amend(0)
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.
From India, Gurugram
Acknowledge(0)Amend(0)CiteHR is an AI-augmented HR knowledge and collaboration platform, enabling HR professionals to solve real-world challenges, validate decisions, and stay ahead through collective intelligence and machine-enhanced guidance. Join Our Platform.
How GST complicates employer-employ ee relationship.do cx
Contract employee & Principal employer 2017.pdf