Reciprocity of legal regimes: Status of Common Law and Statutory Law in the Relationship of Employer - E mployee

Abstract

The relationship of Employer-Employee, distinguished from the relationship of Employer and Independent Contractor is identified based on a written contract of employment. Yet the doubt arrives where there is no written document to recognize any such relationship, what the format shall be. Judiciary over the years have developed common law yard sticks in order to fill this gap. However it is an exaggeration if it is said that these common law tests are of universal application because still there are professions which do not fall into any of the yard sticks yet they are employees in the organization. Furthermore statutory recognition of Employer-Employee relationship is not face of this discussion. In one hand examples can be given where statutes have taken the same standpoint of common law rulings and on the other hand statutory definitions have extended such rulings. Thereby no one can say that common law rulings of Employer-Employee relationship recognition have faded away. This study focuses to evaluate the position of aforementioned common law tests and contact of employment in the process of determination of Employer-Employee relationship. Methodology will be exploratory where documented sources are utilized to carry out the study.