goldenstar 发表于 3-7-2012 20:58 
ratemouse在哪里
今天有个前辈告诉我，contract staff法律上不是公司的employee。是真的么？
这个事情的关键点是对合约的解读
Difference between a Contract of Service and a Contract for ServiceA contract for service differs from a contract of service.
A contract of service is an agreement whereby one person agrees to employ another as an employee and the other agrees to serve his employer as an employee. Under a contract of service, the employer must contribute CPF, and provide relevant statutory benefits such as annual leave, sick leave etc. for its employees engaged.
A contract for services, however, is an agreement whereby a person is engaged as an independent contractor, such as a self-employed person or vendor engaged for a fee to carry out an assignment or a project for the company. Under such a work arrangement, there is no employer-employee relationship, and the employee is not covered by the Employment Act.
There is no single conclusive test to distinguish a contract of employment from a contract for services. Some of the factors to be considered in identifying a contract of employment include: - Control
- Who decides on the recruitment and dismissal of employees?
- Who pays for the employees' wages and in what ways?
- Who determines the production process, timing and method of production?
- Who is responsible for the provision of work?
- Ownership of factors of production
- Who provides the tools and equipment?
- Who provides the working place and materials?
- Economic considerations
- Does he carry on business on his own account or carry on the business for the employer?
- Does he involve in any prospect of profit or is he liable to any risk of loss?
- How are his earnings calculated and profits derived?
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