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Essay / introduction - 1095
There are two forms of employment status: that of employee or that of worker. Employment status will help define a particular person's rights and responsibilities at work. The fundamental way to identify employment status is to carefully consider whether or not there is a contract between the parties. The contract can be in verbal or written form. If there is no contract between them, there is no employment relationship. If a contract exists, then it must be determined whether it is an employment contract or not. A person is considered an employee if he or she works under an employment contract. There is no need for an agreement to be in writing as it exists when the employee and employer agree to the terms of employment. This can also be inferred from the actions and those of the individual one works for. As required by law, the employer is required to deduct income tax and national insurance contributions from the employee's salary before it is paid. The employee also enjoys all minimum statutory employment rights, including maternity and paternity leave, the right not to be dismissed without cause, statutory redundancy pay and all worker rights. The worker is a broader group than the “employee”. The “worker” category generally does not include self-employed workers. A worker is any person who works for a particular employer, either under a contract of employment or under another contract in which a person undertakes to carry out work or provide a service personally. Workers are also qualified to assert employment rights and protections. People who may qualify as workers are self-employed people, temporary workers or short-term casual workers. If all qualifications are met,......in the middle of the sheet......to be classified as self-employed. He also accepted pay slips from Three Foot Six. However, the evidence was poorly prepared. This would apparently refer to Mr. Bryson's withholding tax. However, the evidence regarding the tax was far from conclusive. He was accepted as an independent contractor while working with Weta Workshop. When he started at Three Foot Six, he continued to receive IR3 forms from the Inland Revenue Department. He essentially filled out the forms sent to him but it is not unusual that he accepted independent contractor status. Additionally, there was no evidence that Mr. Bryson was operating separately as a business entity. His salary at Three Foot Six was not linked to the profits or losses made by that company. He received a standard salary based on an hourly rate. This practice distinguishes that he is more of an employee than an entrepreneur.