Collective Bargaining Definition Collective bargaining refers to the negotiation process between an employer and a union comprised of workers to create an agreement that will govern the terms and conditions of the workers' employment. Overview The result of collective bargaining procedures is a collective agreement.
That is, an employee is subject to the will and control of the employer not only as to what shall be done but as to how it shall be done. In this connection, it is not necessary that the employer actually direct or control the manner in which the services are performed; it is sufficient if the employer has the right to do so Finally, if the relationship of employer and employee exists, the designation or description of the relationship by the parties as anything other than that of employer and employee is immaterial.
Thus, if such a relationship exists, it is of no consequence that the employee is designated as a partner, coadventurer, agent, independent contractor, or the like. The twenty factors are designed only as guides for determining whether an individuals is an employee; special scrutiny is required in applying the twenty factors to assure that formalistic aspects of an arrangement designed to achieve a particular status do not obscure the substance of the arrangement that is, whether the person or persons for whom the services are performed exercise sufficient control over the individual for the individual to be classified as an employee.
The specific issue is, therefore, "whether sufficient control is present to establish an employer-employee relationship" in a particular situation. The twenty IRS factors in assessing the employment status of an individual for federal employment tax purposes Law employeremployee relationship essay as follows: A worker who is required to comply with other persons' instructions about when, where, and Law employeremployee relationship essay he or she is to work is ordinarily an employee.
This control factor is present if the person or persons for whom the services are performed have the right to require compliance with instructions. Training a worker by requiring an experienced employee to work with the worker, by corresponding with the worker, by requiring the worker to attend meetings, or by using other methods, indicates that the person or persons for whom the services are performed want the services performed in a particular method or manner.
Integration of the worker's services into the business operations generally shows that the worker is subject to direction and control.
When the success or continuation of a business depends to an appreciable degree upon the performance of certain services, the workers who perform those services must necessarily be subject to a certain amount of control by the owner of the business.
If the services must be rendered personally, presumably the person or persons for whom the services are performed are interested in the methods used to accomplish the work as well as in the results.
Hiring, Supervising, and Paying Assistants. If the person or persons for whom the services are performed hire, supervise, and pay assistants, that factor generally shows control over the workers on the job.
However, if one worker hires, supervises, and pays the other assistants pursuant to a contract under which the worker agrees to provide materials and labor and under which the worker is responsible only for the attainment of a result, this factor indicates an independent contractor status.
A continuing relationship between the worker and the person or persons for whom the services are performed indicates that an employer-employee relationship exists. A continuing relationship may exist where work is performed at frequently recurring although irregular intervals.
Set Hours of Work. The establishment of set hours of work by the person or persons for whom the services are performed is a factor indicating control. If the worker must devote substantially full time to the business of the person or persons for whom the services are performed, such person or persons have control over the amount of time the worker spends working and impliedly restrict the worker from doing other gainful work.
An independent contractor, on the other hand, is free to work when and for whom he or she chooses. Doing Work on Employer's Premises. If the work is performed on the premises of the person or persons for whom the services are performed, that factor suggests control over the worker, especially if the work could be done elsewhere.
Work done off the premises of the person or persons receiving the services, such as at the office of the worker, indicates some freedom from control. However, this fact by itself does not mean that the worker is not an employee. The importance of this factor depends on the nature of the service involved and the extent to which an employer generally would require that employees perform such services on the employer's premises.
Control over the place of work is indicated when the person or persons for whom the services are performed have the right to compel the worker to travel a designated route, to canvass a territory within a certain time, or to work at specific places as required.
Order or Sequence Set. If a worker must perform services in the order or sequence set by the person or persons for whom the services are performed, that factor shows that the worker is not free to follow the worker's own pattern of work but must follow the established routines and schedules of the person or persons for whom the services are performed.
Often, because of the nature of an occupation, the person or persons for whom the services are performed do not set the order of the services or set the order infrequently. It is sufficient to show control, however, if such person or persons retain the right to do so. Oral or Written Reports.
A requirement that the worker submit regular or written reports to the person or persons for whom the services are performed indicates a degree of control.This essay has been submitted by a law student. This is not an example of the work written by our professional essay writers. Vicarious Liability And Employer Employee Relationship.
This law protects the equal right of all persons within the jurisdiction of the United States to make and enforce contracts without respect to race. This includes all contractual aspects of the employment relationship, such as hiring, discharge, and the terms and conditions of employment.
Employment is a relationship between two parties, usually based on a contract where work is paid for, where one party, which may be a corporation, for profit, not-for-profit organization, co-operative or other entity is the employer and the other is the employee.
Within this context, "[a]n individual is an employee for federal employment tax purposes if the individual has the status of an employee under the usual common law rules applicable in determining the employer-employee relationship.".
The Employee Retirement Income Security Act of (ERISA) (Pub.L. 93–, 88 Stat. , enacted September 2, , codified in part at 29 U.S.C.
ch. 18) is a federal United States tax and labor law that establishes minimum standards for pension plans in private industry. It contains rules on the federal income tax effects of transactions associated with employee benefit plans.
Contracts of employment can comprise of both express and implied terms. Express terms are those set out in the contract, and implied terms are those read into the contract by operation of common law and statute, as a result of the employer/employee relationship, which is one of trust..
Arguably the most important implied term is the duty of trust and confidence, also known as the duty of good.