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Monday, June 13, 2011

The Employer-Employee Relationship

The employer-employee relationship forms the basis of a valid legal dispute. Without it, a labor dispute will be dismissed. The following elements must be present in order to determine the existence of an employer-employee relationship:

1.) Power to hire
2.) Power to fire
3.) Payment of salaries/wages
4.) Power of control

Of the above four powers, the fourth one is the most important because it can negate the other three. There is no employer-employee relationship if the following are present:

1.) The person works at his own pleasure
2.) He has no set time for work
3.) He decides for himself what is to be done
4.) He is paid according to the results of his work

There is no employer-employee relationship if the above are present because there is no power of control.

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