The author of this essay "Orthodox Law Principles" comments on the idea of the principles of orthodox contract laws. It is mentioned here that there is the acknowledged lack of an accepted definition of the term ‘sham employment’ or ‘sham employment’. …
Disguising the employment status could be done in a number of ways. It happens even underwritten contracts where it is common knowledge to both the employee and the employer and could also happen if a worker is hired on a more or less informal basis to provide their labor, and simply assumes or is told that they are a contractor. Mostly there is an interposition of an entity that contracts with the business rather than the worker in his personal capacity. This allows drafting faulty contracts due to the absence of the contractor to review the terms therein provided for (Burne, 23)Businesses sometimes do not register their workers as employees. This benefits both the business and the workers who are treated as self-employed in terms of income tax and insurance remittals. However, the business stands to gain more since it can dismiss workers at will due to the ‘open’ contracts and the employees lack protection and rights. Most businesses will pass that their employees have been contracted for the provision of services and consultancy rather than employment. These are sham contracts. These contracts are chosen by immigrant workers in most countries who are desperate for jobs and do not have proper immigration papers or required skill to seek permanent employment. It is easier for them since they try to avoid the authorities.Many would not find the problem with sham self-employment but it favors the unfettered freedom to engage and dismiss workers as contractors when they are indeed employees. ...
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“Orthodox Law Principles Essay Example | Topics and Well Written Essays - 2000 Words”, n.d. https://studentshare.net/law/564940-criticaly-examin-ethe-extent-to-which-orthodox-contract-law-principles-should-govern-employment-status-in-the-context-of-sham-self-employment-arrangements.
It is a challenge defining the term ‘sham employment’ since there is no accepted definition. However, having said that, there are a number of scholarly definitions for the term that have been made. One of the definitions describes it as a ‘disguise’ that is put up so as to hide the underlying factor.
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