Research Essay Example | Topics and Well Written Essays - 500 words - 22

Research - Essay ExampleA facts and circumstances test aimed at establishing whether a induceer is subject to the control of the recipient of the service is the most appropriate test apply to distinguish between an employee and an independent a contractor. This control is not only based on the spirit of work, but also the circumstances the service is undertaken. Although this distinction is sometimes set out by enactment the most effective method of testing control is using the 20 factor test actual by the IRS. The level and significance of each factor in the test differs depending on the job and the stage setting in which the serve are rendered. The 20 factor test takes into consideration factors which include training provided, work instructions, delegation of responsibility, nature of kinship, mode of payment, working time and the termination of the relationship. The underlying principle of the 20 factors cover by the test is the determination of the level of control. Wher e control is established through the use of these factors, then the relationship is an employer/employee relationship and lack of control signifies an independent contractor relationship (Wears, and Sandra 164).A civil servant, for instance, is compulsory by the employer to adhere to instructions regarding where, when and how the work is to be done. The training, especially job related training, is provided by the employer and the service provided by the civil servant is integrated into the employers operations. A civil servant is also required to render his services personally and where assistants are employed these are controlled by the employer and not the civil servant. The worker also enjoys a continued relationship with the employer and the employer sets out the times the worker is required to work. Civil servants are also required to be full time employees who work from the employers premises and follow an order of work provided by the employer. Civil servants are often paid on a