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A distinction has to be drawn between a contract of service or a contract of employment on the one hand and a contract for services on the other. In the former situation the person employed is an employee, or a servant as he is often referred to in case law, in the latter he is an indpendent contractor. The particular requirement of a contract of service is the right of the employer, or the master to have, inter alia, residual control, which may in some instances be reduced to being a mere formality, over the employee, although as will be examined later, other factors are equally applicable.
Managerial Law – Emerald Publishing
Published: Jan 1, 1983
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